DAYO ADELEYE MINING & CONSULTING CO. LTD V. JAKURA MARBLE IND. LTD ALHAJI T. O. JIMOH

MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): The plaintiff in its statement of claim dated 23/2/2003 claimed against the defendants as follows:-

“(a) A declaration that the equitable interest of the plaintiff on the land situate at Oyo, Lokoja L.G.A., Kogi State covered by the plaintiff ’s AQLS No. 2247 being first in time, prevails over and above the interest of the defendants which the defendants allegedly have mining lease application No. 19757 and on which the plaintiff had earlier carried out geological, geophysical and geochemical surveys. A declaration that the plaintiff is entitled to share out of the sum paid by Dangote Industries Limited to the defendants for the acquisition of the land situate, lying and being at Oyo, Lokoja L.G.A. of Kogi State on which the plaintiff has an equitable interest based on the plaintiff ’s application for quarrying lease 2247 (AQLS) on which land the plaintiff had inter alia carried out geological, geophysical and geochemic…