ELEMCHUKWU IBATOR MONDAY IBATOR ELIJAH ZIAH (FOR THEMSELVES AND AS REPRESENTING THEIR EKIRIKUMA FAMILY OF IKARAMA VILLAGE IN OKORDIA, YENEGOA LOCAL GOVERNMENT AREA OF BAYELSA) V. CHIEF BELI BARAKURO MR. AZIKIWE MOSES CHIEF AGREEN OGBONNAH CHIEF FRANCIS KOLOGA (REPRESENTING BOTH EGBERIWARI AND OPOTI FAMILIES OF IKARAMA VILLAGE IN OKORDIA, YENEGOA LOCAL GOVERNMENT AREA OF BAYELSA) V. NIGERIAN AGIP OIL COMPANY LIMITED

MOHAMMED JSC (Delivering the Lead Judgment): By a writ of A summons dated 22-11-1984 and filed on 27-11-1984, the plaintiffs instituted their action against the defendant, Nigerian Agip Company Limited at the High Court of Justice of Rivers State then sittingat Yenegoa and claimed the following reliefs:- “1. A declaration that the plaintiffs and the Ekirikuma family are the persons jointly entitled to be paid compensation in respect of the damage done by the defendant to economic and cash crops, fish ponds and lakes being in ‘Abuzubube land’ situate at Ikarama, Okordia in the Yenegoa Local Government Area.

An order of court that the said compensation be paid jointly to the plaintiffs and the Ekirikuma family of Ikarama, Okordia.

An injunction restrainingthe defendant from paying the said compensation to any individual or group of persons or Ekirikuma family only .”

However, by a motion on notice dated 14-10-1985 which was later heard and granted by the trial court, a second s…