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NIGERIAN NATIONAL PETROLEUM CORPORATION & ANOR v. H.R.H EZE MARCEL ONYEEMUKWURU & ORS.

(2011) JELR 33903 (CA)

Court of Appeal  •  CA/OW/69/2010  •  4 Feb 2011  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Federal High Court Owerri per C.V. Nwokorie, J. delivered on 1st day of December, 2008.

The facts leading to this appeal as follows:

The Respondents are the riparian owners of the vast area of land which situate and lying at the bank of Imo River at Umuoma in Ihitte/Uboma Local Government Area of Imo State and as riparian owners, they have, from time immemorial been exercising riparian rights over same with several economic crops; and trees and also established thereat several snail and cassava farms, fish ponds, etc from where they derive income while the stream, creeks and tributaries form their only source of portable water.

The Respondents' case is that sometime in the month of October, 2003, they discovered substance like petroleum products floating on their vast area of land as well as several streams, creeks and tributaries which run through their land. When they …

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