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ALLISON & ORS.
V.
S.P.D.C.NIGERIA LTD

(2011) JELR 33920 (CA)

Court of Appeal 17 May 2011 Nigeria
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- The appellants filed a claim against the defendant for damages for trespass on their land, alleging that the defendant cleared, drilled, dredged, and installed oil well heads and gas pipelines on the land without their consent. - The defe

Case Details

Suit Number:CA/PH/392/2010
Judges:MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:Chief F.F. Egele with F.I Azogu For Appellant S.O. Wogu, Esq. with A.O. Adeniyi, and I.D. Ntuk For Respondent

EJEMBI EKO, JCA (Delivering the Leading Judgment): Before the Federal High Court (Coram: R.M. Aikawa, J) sitting at Port Harcourt the appellants, as the Plaintiff, had the following claim in the statement of claim that accompanied their writ of summons taken out on 23rd August, 2007 in the suit no FHC/PHC/CS/1278/2007.

WHEREOF the Plaintiffs claim against the Defendant the sum of N50,000,000.00 (Fifty Million Naira) only as damages for trespass on the Plaintiffs' said land by clearing, drilling, dredging and installation of oil well heads, gas pipelines as well as destruction/stoppage of plaintiffs' economic life on the land.

The underlinings are provided by me for emphasis and purpose, which I shall come to in due course.

The parties exchanged pleadings. In paragraphs 2 and 5 of the statement of claim the Plaintiff now the Appellant, averred -

2. The Defendant is a limited liability company engaged in the business of oil exploration and exploitation in Nigeria with an office in po…

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