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SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED v. PASTOR NWAKERENDU ENYIOKO & ANOR

(2018) JELR 38528 (CA)

Court of Appeal  •  CA/OW/16/2016  •  16 Apr 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 3/11/2015 by the Federal High Court, Umuahia Judicial Division presided over by Hon. Justice F.A. Olubanjo (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The Respondents as Plaintiffs before the lower Court commenced the instant action by a writ of summons which issued on 15/4/2002. The process is dated 19/12/2001. The particulars of claim on page 6 of the record read thus: -

1) The Plaintiffs are the Enyioko family of Umungede Owaza in the Ukwa West Local Government Area of Abia State within the jurisdiction of this Honourable Court who are predominantly farmers.

2) The defendant is a limited liability company incorporated in Nigeria with its head office situate in Port Harcourt.

3) Plaintiffs aver that defendant has a network of crude oil conveying pipelines conveying its drilled crude from its oil wells in Owaza through…

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