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LEWIS OPARA V. DOWEL SCHLUMBERGER (NIGERIA) LTD.& ANOR

(2006) JELR 35969 (SC)

Supreme Court  •  SC.231/1994  •  14 Jul 2006  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; NIKI TOBI JSC; UTHMAN MOHAMMED JSC; GEORGE ADESOLA OGUNTADE JSC; WALTER SAMUEL NKANU ONNOGHEN JSC;

Appearances
F.R.A. Williams (Jnr.) Mohammed Sallau Esq.Chinlenye Nwapi For Appellant Babatunde Fagbohunlu, Esq.M. B. Ganiyu, Esq.) for the 1st RespondentOlasupo Sashorc, Esq.Ayo Ademola, Esq.) for the 2nd Respondent For Respondent

Judgement

ONNOGHEN, JSC (Delivering the Leading Judgment): By his fourth amended statement of claim and defence to counter-claim, the appellant claimed against the respondents in suit No. PHC/611 85 the following reliefs: "30. Accordingly, the plaintiff claims:

1. A declaration against the 1st and 2nd defendants that the certificate of occupancy granted to Dowell Schlumberger (Nigeria) Limited by His Excellency the Governor of River's State dated the 25th day of April, 1980 in respect of Plot 167, Trans-Amadi Industrial Layout and registered as No. 18 at page 18 in Volume 1 of the Lands Registry at Port Harcourt is void.

2. An order of specific performance against the 2nd defendant in respect of Plots 161 and 167 Trans-Amadi Industrial Layout, Port Harcourt of duly registered deeds of lease in compliance with the agreement in writing between the plaintiff and 2nd defendant as reflected in paragraphs 5, 6, 7,11, 12 and 13 herein.

3. A declaration against the 2nd defendant that -

(a) Pursuant to…

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