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TOTAL E & P NIGERIA LIMITED V. MR. NWANKWO EMMANUEL & ORS

(2014) JELR 39955 (CA)

Court of Appeal  •  CA/PH/78/2013  •  28 Mar 2014  •  Nigeria

Coram
EJEMBI EKO JCA; MODUPE FASANMI JCA; STEPHEN JONAH ADAH JCA;

Appearances
Golden Awi with O. Iyasere-Kayode For Appellant T. E. Ajubo for 1st set of RespondentsMinah Igah for 2nd set of RespondentsP.S.C. Agada with W. O. Onate for 3rd set of Respondents For Respondent

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 23rd July, 2012 the Rivers State High Court sitting at Ahoada delivered judgment in the suit No. AHC/60/2012 against two sets of respondents in the said suit. The 2nd set of respondents in that suit comprised

1. THE COMMANDANT, YANKEE 9 MILITARY BASE

2. THE G.O.C., NIGERIA ARMY, BORI CAMP BRIGADE

3. TOTAL EXPLORATION and PRODUCTION CO (NIG) LTD

It appears none of the 3 parties in the 2nd set of respondents at the court below put up appearance at the court below before judgment in the suit for the enforcement of the applicants/1st set of Respondents fundamental rights was entered for the Applicants against the two sets of Respondents at the court below. The Appellant became aware of the judgment against the 2nd set of respondents at the court below. He, not wanting to be confused for the 3rd party in the 2nd set of respondents at the court below named as TOTAL EXPLORATION and PRODUCTION CO. (NIG) LTD, applied to have the judgment…

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