A.u. Deduwa & Ors. V. Emmanuel Amoma Okorodudu & Ors. (1976)
LawGlobal-Hub Lead Judgment Report
Alexander, C.J.N.
The appellants were the plaintiffs in Suit No. W/22/68 filed in the High Court of Mid-Western State (now Bendel State) of Nigeria at Warri in the Warri Judicial Division, while the respondents, including Shell-BP Petroleum Development Company of Nigeria Limited, hereinafter referred to as “Shell-BP”, were the defendants in that suit.
On the other hand, the respondents, excluding Shell-BP, were the plaintiffs in Suit No. W/28/69 filed in the same High Court, also at Warri in the Warri Judicial Division, while the appellants and Shell-BP were the defendants in that suit. In Suit No. W/22/68 Shell-BP was the 4th defendant, while in Suit No. W/28/69 Shell-BP was the 5th defendant.
The plaintiffs in Suit No. W/22/68 (now the appellants) claimed against the defendants (now the respondents) as follows: “(1) As against the 1st, 2nd, 3rd and 5th to 14th defendants jointly and severally a declaration of title to all that piece or parcel of land lying and situate in Ogunu territory verged in pink on survey plan No. AR.663 filed in support of this action. (2) An order for payment over to the plaintiffs of the sum of 10,623.10 pounds or any sum paid or payable by the 4th defendant as first annual rent and or compensation in respect of 4th defendant’s occupation and/or user of the piece or parcel of land described and shown as in (1) above.
(3) An order that the plaintiffs as owners and/or persons formerly in occupation (i.e. prior to the 4th defendant’s occupation and/or user as from February 1968) of the piece or parcel of land aforesaid are entitled as against the 1st, 2nd, 3rd and 5th to 14th defendants to all rent and/or compensation due from and payable by the 4th defendant’s occupation and/or user of the said piece or parcel of land.
(4) An order that the 4th defendant do pay over to the plaintiffs the sum of 982 pounds already assessed by plaintiffs and 4th defendant being compensation due to the plaintiffs for their mangrove and other economic trees growin
Other Citation: (1976) LCN/2235(SC)
