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NIGERIA AGIP OIL COMPANY LIMITED v. MR. EMMANUEL OJIAKO & ANOR

(2018) JELR 38614 (CA)

Court of Appeal  •  CA/OW/250/2012  •  19 Apr 2018  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the defendant in Suit No. FHC/OW/CS/156/2011 against the decision of Federal High Court, Owerri delivered on 19/01/2012.

The claimants had filed an action against the defendant claiming as per paragraph 17 of the statement of claim as follows:

WHEREFORE the claimants claim against the Defendant as follows:

(a) The sum of Ten Million Naira (N10,000,000.00) being fair and adequate compensation for the continuous loss of fishing rights on UTU-AKWA Creek and adjoining ponds and creeks.

(b) An Order directing the Defendant to comply with investigation Report No. JZ/6265/AKRI SOUTH -1/AR/WW/BLK/05/06/PAF/3913 as reflected in the aforesaid compensation receipt within dated 30/01/2007, 6 months of delivering of judgment.

In reaction, after having been served with the writ of summons and necessary processes, the defendant challenged the competence of the claimants suit on three gr…

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