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THE SHELL PETROLEUM DEV. CO. OF NIG. LTD V. CHIEF MARK EJEBU & ANOR

(2010) JELR 34348 (CA)

Court of Appeal  •  CA/PH/239M/2002  •  8 Jul 2010  •  Nigeria

Coram
SULEIMAN GALADIMA (OFR) JCA; TIJJANI ABDULLAHI JCA; EJEMBI EKO JCA;

Appearances
S. Laniyan with R.I. Omofuma (Miss) and W.R. Pratt (Miss) For Appellant For Respondent

Judgement

EJEMBI EKO, J.C.A (Delivering the Leading Judgment): The Respondents were the plaintiffs at Bayelsa state High court (coram Kate Abiri, J) in the suit no. YHC/ 54/98: The claim of the Respondents as per their joint statement of claim is for the sum of N100m (one Hundred Million Naira) being and representing general and special damages for the blockade of AKANAFA LAKE by the Defendant's Deep Access Road, within the jurisdiction of the honourable court.

The writ of summons was taken out on 27th day of July, 1998

The statement of claim avers, inter alia, that some time in 1991 the Defendant, now the Appellant, constructed its Gbaram Deep Field Access Road across Akanafa Lake and thereby sand-filled and completely blocked the Akanafa Lake and effectively prevented movement through the lake to the extent that while one side of the lake is flooded the other side is dried, thus causing permanent flood on one side of the swamps, lakes and ponds and total deprivation on the other side.

For th…

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