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THE SHELL PETROLEUM DEVELOPMENT CO. NIGERIA LIMITED V. S. OLAREWAJU V. MABELADDICO COMMISSIONER OF POLICE, DELTA STATE

(2015) JELR 56814 (CA)

Court of Appeal  •  CA/B/266/2001  •  7 May 2015  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA (Presided and Read the Lead Judgment) HAMMA AKAWU BARKA JCA UGOCHUKWU ANTHONY OGAKWU JCA

Judgement

OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High court of Delta State delivered on 6 October 1999, wherein the learned trial judge entered judgment in favour of the 1st respondent. Below are the facts that culminated in this appeal.

The plaintiff at the trial court is the 1st respondent; the appellants were the 1st and 2nd defendants, while the 2nd respondent who was the 3rd defendant at the lower court did not defend the suit. The 1st respondent as plaintiff commenced the action by issuing a writ of summons filed on 30 November 1997 against the appellants, and pleadings were duly exchanged. The statement of claim is dated 16 April 1997. The amendedstatement of defence of the 1st and 2nd appellants is dated 14 March 1998, while the respondent’s reply to the amended statement of defence is dated 23 March 1998. The 1st respondent prayed the trial court for the following reliefs:

Against the defendants jointly and severally, a declaration …

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