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ESIEGBUYA SOLOMON & ORS v. ETSEDE MONDAY & ORS

(2014) JELR 42356 (CA)

Court of Appeal  •  CA/B/157/2007  •  2 May 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A.: (Delivering the Leading Judgment): The claim of the appellants who were plaintiffs at the Delta State High Court of Justice, holden at Warri, was that they represent the Gbokoda Zion as a section of the Gbokoda Community in Warri North Local Government Council of Delta State. Hence, they are entitled to 40% of all entitlements, due to and payable to Gbokoda Community from any person, group of persons, corporate bodies, Government and/or companies operating and carrying on business in Gbokoda Community pursuant to an agreement between them and the respondents sometimes in 1997. The appellants further claimed that the respondents who represent the Gbokoda town of Gbokoda community had unilaterally altered the sharing formula of 60% to them and 40% to the appellants to 80% to the respondents and 20% to the appellants. Hence, the appellants took out a writ of summons against the respondents on 11th February, 2002, praying for certain declaratory reliefs, as cont…

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