(1998) JELR 45558 (CA)    

Court of Appeal  ·  CA/B/70/97 ·  2 Dec 1998 ·  Nigeria
Other Citations
Abeke v. Imafidon (1999) 1 NWLR (Pt.586) pg.209
Abeke v. Imafidon (1999) 1 NWLR (Pt. 586) 209
OKAY ACHIKE Justice of The Court of Appeal of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
parcel of land
oil fields
suit no. fhc
acres of land
adequate compensation
benin city
decree no.107
economic rights
exclusive jurisdiction
inter alia
leading judgment
lower court
oil pipelines act
perpetual injunction
provision of section
virtue of the right of residence
brother akiman
combined effect of the provision of section
court process
exercise jurisdiction
federal high court benin city
following issue
grounds of appeal
hearing of the case
high court
honourable court
jurisdiction of this honourable court
laws of the federation of nigeria
notice of preliminary objection
operators of the oil pipelines
plaintiffs claim
portion of the ruling of the court
privilege of reading
respective briefs of argument
respective panics
respect of mines
said land
subject matter of the action
such compensation
trial court
trite law
violation of their possessory surface rights

AKINTAN, J.C.A. (Delivering the Leading Judgment): The respondents' as plaintiffs instituted this action by originating summons at the Federal High Court Benin City as suit No. FHC/B/62/M2/96. Their claim before the court was, inter alia, for:

(1) a declaration that by virtue of the right of residence and other economic rights vested in them they are entitled to just, fair and adequate compensation for any interference with and violation of their possessory surface rights over a parcel of land carved out at Ukpe-Sobo; and

(2) an order for perpetual injunction restraining the defendants, their servants, agents and or privies from use of force, strong arm and or multitude to enter into the said 87 acres of land or thereabout carved out of the Ukpe-Sobo Native Administration Reserves vested in the plaintiffs.

As soon as the defendants were served with the court process, they (defendants) filed a notice of preliminary objection. The three grounds of objection read as follows:

"1. This ho…

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