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ALPHONSUS NKUMA V. JOSEPH OTUNUYA ODILI & ORS

(2006) JELR 36015 (SC)

Supreme Court  •  SC.244/2001  •  10 Mar 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; GEORGE ADESOLA OGUNTADE JSC; IKECHI FRANCIS OGBUAGU JSC;

Appearances
E U. Unyimadu, Esq. (with him, A.A. Okwudishu, I.T. Okwudishu [Miss]) For Appellant H.O. Ozoh, Esq For Respondent

Judgement
<p>OGUNTADE, J.S.C. (Delivering the Leading Judgment): The dispute leading to this appeal arose over the ownership of a parcel of land at a location near Oguta in Imo State. Between 1975 and 1976, the Nigerian Agip Oil company Limited (hereinafter described as AGIP) deposited in the office of the Divisional Officer, Oguta, the sum of twenty-five thousand, one hundred and eighty Naira, thirty-two kobo (N25,180.32k). The money was intended as compensation for the use of the parcel of land now in dispute by AGIP which was using the land for its oil operations. The money was to be paid to the owners of the land.</p><p> This deposit led to the present dispute. The Ogwuma village community, now appellants, issued their Writ of Summons in 1977 claiming against the respondent as the defendant the following relief:&quot;</p><p> &quot;.... the payment over to them (i.e. the plaintiffs) of the sum of N25,180.32 and all other sums of money deposited as compensation by the Nigerian Agip Oil Company Limited for its mining op…</p>

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