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OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment):This is an appeal against the decision of the High Court of Rivers State sitting in Port Harcourt Judicial Division (hereinafter called the trial Court) per M. O. Opara, J., delivered on 7th August, 2013 in Suit No: PHC/2036/2012.
The facts leading to this appeal are that, the 1st to 10th Respondents as plaintiffs at the trial Court on 13th September, 2012, took a Writ of Summons against the 11th to 13th Respondents as 1st to 3rd defendants, Appellant as 4th defendant and 14th Respondent as 5th defendant and claimed against all the defendants as follows:
a. A Declaration that the 29.832 hectares of land mass on which the Eleme Petrochemical Company Nigeria Limited is situate as acquired from Agbonchia Community in Eleme is not a Communal land owned by the entire Agbonchia Community of Eleme.
b. A Declaration that the land acquired and occupied by the Eleme Petrochemical Company Nigeria Limited as it affects Agbonchia Comm…