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ELF PETROLEUM NIGERIA LIMITED V. DANIEL C. UMAH & ORS

(2018) JELR 39595 (SC)

Supreme Court  •  SC.344/2008  •  19 Jan 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; AMIRU SANUSI JSC; SIDI DAUDA BAGE JSC;

Appearances
Chief T.J.O Okpoko, SAN with him, C. A. Ajuyah (SAN) and Nnenko Ntiaidem, Esq. For Appellant Chief F.A. Eneawaji For Respondent

Judgement
<p>CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The Appellant herein was the Defendant in Suit No. FHC/PH/C5/152/97 filed at the Federal High Court, Port Harcourt in Rivers State. The Respondents herein as Plaintiffs in the trial Court and Respondents also in the Court below for themselves and on behalf of the members of the 5 (five villages that constitute the Obite Community in Ogba/Egbema/Ndoni L.G.A. of Rivers State of Nigeria initiated the aforesaid suit (supra) against the appellant as defendant therein and claiming the following reliefs:</p><p>&quot;a) The sum of N2,500,000,000.00 (Two Billion, Five Hundred Million Naira) only being and representing compensation for the acquisition of the plaintiffs communities, vast area of land measuring approximately 28.684 hectares (about 286.840 square meters) by the Defendant company for the establishment of a GAS PLANT at OBITE COMMUNITY in the Ogba/Egbeda/Ndoni Local Government Area of Rivers State of Nigeria.</p><p>b) That the Defendant Co…</p>

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