SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED & ORS V. SUNDAY ORUWARE & ORS

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Delta State delivered in suit no. W/11/2012 on 29/1/2016. The 1st-3rd respondents as the claimants at the lower Court commenced the action by a writ of summons and statement of claim wherein they claimed the following reliefs against the respondent: 

a) A declaration that the claimants are the owners and are entitled to a Certificate of Occupancy in respect of that entire piece or parcel of land lying and situate at Egwa II Oil Field Area in Warri South Local Government Area of Delta State which land is more particularly delineated and edged Green on Litigation Survey Plan No. NDS/DT/005/2015. 

b) The sum of N5,000,000.00 (Five Million Naira) only being damages for trespass in that the defendants without the consent of the claimants, who are the original owners of the land in dispute, broke and entered the said land and took possession of same till date. 

c) A…