NIGERIAN WESTMINISTER DREDGING AND MARINE LIMITED V. CHIEF TUNDE SMOOT & ANOR
(2011) JELR 49407 (CA)
Court of Appeal
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CA/B/191/2006
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4 Mar 2011
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Nigeria
Coram
OYEBISI FOLAYEMI OMOLEYE JCA;
ALI ABUBAKAR BABANDI GUMEL JCA;
CHIOMA EGONDU NWOSU-IHEME JCA;
Appearances
Mr. Ojo Abijogun For Appellant
Chief Fedude Zimughan (with him Mr. A.Y. Abdullahi) For Respondent
Judgement
<p>ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Delta State High Court, Warri Division, delivered on 28th February, 2006 in Suit No. W/183/2004 per Onajite-Kuejubola, J.</p><p> In a 2nd Further Amended Statement of Claim dated and filed on 26th May, 2005, the Respondents, as the plaintiffs before the lower Court claimed for the following reliefs:-</p><p> 1. A declaration that the petition of the plaintiff against the Defendant which contains the following: </p><p> a) "where it became obvious to Ramah Petroleum that we cannot without specific instructions from APC pay any money to them. </p><p> They sought the services of one chief Tunde smooth to raid our vessels any time they are traveling on the waterways. This, Chief Smooth accomplishes with the aid of militant Ijaw youths. Ramah petroleum has despite the refusal of A.P.C. to request us to pay, continued to put pressure on us through Chief Smooth and his gang of pirates" amounts to defamation…</p>