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H. R. H. KINGDOM DATEME (OKIO II AMADABO OF IDAMA CHIEF EMINE DEBO CHIEF MELFORD BOKO CHIEF TOBIN AMAH-OTOBO CHIEF TOBIN AMAOFORI CHIEF JIM DATEME (for themselves and on behalf of Idama (Ekulama) community) V. ISAAC DUKE ENGR. EDWARD AMAGBANI AMACHREE (for themselves and on behalf of the Tombia in Delga) CHEVRON NIGERIA LIMITED

(2005) JELR 55731 (CA)

Court of Appeal  •  CA/PH/324/1998  •  16 Jun 2005  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA (Presided) PIUS OLAYIWOLA ADEREMI JCA (Read the Lead Judgment) MONICA BOLNA’AN DONGBAN-MENSEM JCA

Judgement

ADEREMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court ofRivers State,sittingat Port Harcourt delivered on the 17th of December 1997. The plaintiffs (hereinafter referred to as the 1st and 2nd respondents) had in a representative capacity, as reflected in paragraph 14 of the statement of claim dated 6th March 1995, claimed against seven defendants (Nos. 1 to 6) being the present appellants and the seventh defendant being the present seventh respondent) the following reliefs:

“(1) a declaration that the plaintiffs are entitled to a customary right of occupancy in respect of all that piece or parcel of land c omprised in the planta t ion va riously known as,

Idamanabuokuro Piri or Duke Piri or Peni Peni Kiri situate near Idama (Ekulama) inAkuku-Toru LocalGovernment Area of Rivers State. a declaration that the plaintiffs are entitled to receive from the7th defendant the sum of N2,101,719.50 (two million, one hundred and one thousand, seven hu…

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