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THE SHELL PETROLEUM DEVELOPMENT COMPANY NIGERIA LIMITED v. KENCHEZ NIGERIA LIMITED

(2018) JELR 38621 (CA)

Court of Appeal  •  CA/PH/165/2011  •  27 Jun 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Rivers State, delivered by Honourable Justice R. I. Ahiakwo on the 22nd of February, 2011.

The Respondent commenced this action against the Appellant by way of Writ of Summons and sought for the following claims:-

(i) A declaration that the Claimant is the bonafide purchaser for value of the steel Pipes and/or goods forcibly removed by the defendant from the claimants premises in February, 2008

(ii) An Order of perpetual injunction restraining the defendant from further acts of trespass into the claimants premises and goods and/or further defamation of the claimant.

(iii) The sum of N1,262,134,220.00 (One Billion Two Hundred and Sixty Two Million, One Hundred and Thirty Four Thousand, Two Hundred and Twenty Naira) being and representing General losses and/or aggravated damages suffered by the claimant when the Defendant falsely and recklessly alleged that the Claiman…

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