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NIGERIA AGIP OIL
V.
OJIAKO & ANOR

(2018) JELR 39260 (CA)

Court of Appeal 19 Apr 2018 Nigeria
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- This case involves an appeal filed by the defendant against a decision of the Federal High Court in Owerri. - The claimants had sued the defendant for compensation and an order to open a blockade caused by the defendant's construction act

Case Details

Suit Number:CA/OW/254/2012
Judges:MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:O. J. Irerhime, Esq. For Appellant Tony Ezediaro, Esq. For Respondent

TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the defendant in Suit No. FHC/OW/CS/154/2011 against the decision of Federal High Court which sat at Owerri delivered on 19/01/2012.

The Claimants had instituted an action against the defendant claiming as per paragraph 17 of their claim thus:

WHEREFORE the claimants claim against the Defendant as follows:

(a) The sum of Ten Million Naira (N10,000.000.00) being fair and adequate compensation for the continuous loss of fishing rights on UTU-AGBO NGOZI Creek and adjoining Ponds and creeks.

(b) An order directing the Defendant to open the point of blockade or comply with investigation Report No. J2/6266/AGWE/MAIN/AR/WW/BLK/05/06/PAF/3923 within 6 months of delivering of judgment.

On service of the writ of summons on the defendant, it, by a Motion on Notice challenged the competence of the action on two main grounds:

1. The plaintiffs claim relates to an alleged injury suffere…

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