THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. OJIOWHOR MONDAY AMADI & 12 ORS

RHODES-VIVOUR JSC (Delivering the Lead Ruling): Chief Richard Akinjide, SAN, learned counsel for the appellant/applicant filed two applications in this court. They are:

1. Motion on notice filed on 3 September 2010

2. Motion on notice filed on 27 May 2010

Learned counsel for the 1st and 2nd sets of respondents, Mr. L. E. Nwosu, SAN filed a preliminary objection to both applications.

Learned counsel for the 3rd set of claimants/respondents, Mr. F. A. Oso, SAN and learned counsel for the 3rd set of defendants/respondents, Mr. J.T.O. Ogoduma both associated themselves with the submissions of Mr. L. E. Nwosu SAN, on the preliminary objection. I have examined the processes filed by both sides and I am of the view that since the applications are interwoven especially on facts, for better understanding and clarity, one ruling would suffice. I shall briefly set out the facts before I proceed to examine the issues in the preliminary objection and the applications.

In 1958, the claimants and the a…