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OBOT & ORS.
V.
SHELL PETROLEUM DEVELOPMENT COMPANY NIGERIA LTD.

(2013) JELR 34115 (CA)

Court of Appeal 9 May 2013 Nigeria
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- The appellants filed a suit against the respondents in the Federal High Court, Uyo, Akwa Ibom State. - The appellants granted an Oil Mining Lease to the respondent in 1955. - The respondent drilled oil from the well called "Ikono 1" and p

Case Details

Suit Number:CA/C/70/2011
Judges:UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:Dr. E.J. Uko with Felix Udom, Esq. For Appellant U.N. Ngwobia, Esq. For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The appellants instituted a suit against the respondents in the Federal High Court, Uyo, Akwa Ibom State on the 24th September, 2010 on the following facts. The appellants granted an Oil Mining Lease to the respondent sometime in 1955. The appellants represent their various communities over which the lease was granted. The respondent commenced drilling activities about that same year at their oil well called "Ikono 1". The respondent continued to pay rent to the community until 1994 when the well was abandoned. The appellants pleaded in the statement of claim as follows:

"3ii. The defendant religiously, ardently, faithfully, and devotedly paid yearly land compensation to the plaintiffs up till the year 1994 for making use of the plaintiffs' land for oil drilling purpose, as required by clauses 10 and 24 of the said Oil Mining Lease No.12 granted under the Mineral Oil Act to the defendant and attached thereto as "Proposed Exhib…

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