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NKUMA
V.
ODILI & ORS

(2006) JELR 36015 (SC)

Supreme Court 10 Mar 2006 Nigeria
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- This case concerned entitlement to N25,180.32 compensation deposited by Nigerian Agip Oil Company for oil operations, claimed by both the Ogwuma village community and Joseph Otunuya Odili, each asserting ownership of the underlying land n

Case Details

Suit Number:SC.244/2001
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:E U. Unyimadu, Esq. (with him, A.A. Okwudishu, I.T. Okwudishu [Miss]) For Appellant H.O. Ozoh, Esq For Respondent
Other Citations:Nkuma v. Odili [2006] 6 NWLR (Pt.977) 587

OGUNTADE, J.S.C. (Delivering the Leading Judgment): The dispute leading to this appeal arose over the ownership of a parcel of land at a location near Oguta in Imo State. Between 1975 and 1976, the Nigerian Agip Oil company Limited (hereinafter described as AGIP) deposited in the office of the Divisional Officer, Oguta, the sum of twenty-five thousand, one hundred and eighty Naira, thirty-two kobo (N25,180.32k). The money was intended as compensation for the use of the parcel of land now in dispute by AGIP which was using the land for its oil operations. The money was to be paid to the owners of the land.

This deposit led to the present dispute. The Ogwuma village community, now appellants, issued their Writ of Summons in 1977 claiming against the respondent as the defendant the following relief:"

".... the payment over to them (i.e. the plaintiffs) of the sum of N25,180.32 and all other sums of money deposited as compensation by the Nigerian Agip Oil Company Limited for its mining op…

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