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SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. ANTHONY ONYIRIUKA & ORS

(2016) JELR 41399 (CA)

Court of Appeal  •  CA/OW/429/2013  •  21 Mar 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
P. A. Johnmark, Esq. For Appellant Not stated For Respondent

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This is an Interlocutory appeal against the Ruling of the Federal High Court, Owerri Division. Contained in the decision of Hon. Justice O. O. Oguntoyinbo in Suit PHC/OW/CS/29/2004 delivered on the 6th day of December, 2013.

The Respondents had by Writ of Summons issued out of the said Court on 25th day of May 2004 claimed against the Appellant as follows:

"The sum of N53,252,665.00 being compensation payable by the defendant to the Plaintiffs for the continuous occupation till date of 3.5 Hectares of Land of the Plaintiffs situate and lying at Assah North Location Assah Ohaji/Egbema Local Government Area of Imo State which you acquired and now Surveyed and started operation on the Land since August 1998, resulting in the destruction and degradation of Economic Trees, Cash Crops, Food Crops, Sporting Rights and Shrines and Graves on the said Land without payment of the said compensation despite repeated demands and despite the…

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