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NIGER DELTA DEVELOPMENT COMMISSION v. NIGERIA LIQUIFIED NATURAL GAS LIMITED

(2010) JELR 33285 (CA)

Court of Appeal  •  CA/PH/520/2007  •  2 Dec 2010  •  Nigeria

Coram
AMINA A. AUGIE JCA; RALPH C. AGBO JCA; HUSSEIN MUKHTAR JCA; MOJEED A. OWOADE JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court (Port Harcourt Division) delivered by Hon. Justice R. O. Nwodo on 11th July, 2007.

By a statement of claim dated and filed on 9/3/2005 the appellant/cross-respondent as plaintiff before the lower court claims against the defendant/cross-appellant for the following reliefs:

"(i) A declaration that defendant is a gas processing company operating in the Delta Area of Nigeria within the meaning and intendment of S.14(b) of the Niger Delta Development Commission (Establishment, etc) Act, 2000.

(ii) A declaration that the plaintiff is entitled to receive from the defendant as part of its statutory funds, 3% of the total annual budget of the defendant for the years, 2000, 2001, 2002, 2003 and 2004 and in every year thereafter.

(iii) An Order directing the defendant to pay over to the plaintiff forthwith the accrued sums amounting to 3% of its respective annual budge…

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