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V.
MEBURU

(2013) JELR 34078 (CA)

Court of Appeal 5 Jul 2013 Nigeria
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- The respondent filed a lawsuit claiming various declarations, injunctions, and damages against the appellant. - The appellant filed a conditional appearance and a statement of defense, denying the claims and raising a preliminary objectio

Case Details

Suit Number:CA/OW/136/2012
Judges:JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria
Counsel:F.N. Udekweleze; Esq. For Appellant E.F. Nwachukwu Esq. For Respondent

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): By a specially endorsed Writ of Summons and Statement of Claim dated the 02/7/2010 and filed the 19/07/2010 at the Imo State High Court of Justice, Oguta Judicial Division, the Respondent in a representative capacity, as Plaintiff claimed as follows:

(i) A DECLARATION that the entry of the Defendant into claimant's parcels of land in Abacheke since 1958 without payment of lease, rent, acquisition or any form of compensation money is unlawful.

(ii) A DECLARATION that the defendant has no right or authority to compulsorily acquire Claimant's lands at Abacheke in Ohaji/Egbema Local Government Area which land houses defendant's oil wells designated as EGBEMA WEST EVBP LOC/ARD WELL 15, EGBEMA WEST EIBV LOC/ARD WELL 13, EGBEMA WEST EIBN LOC/ARD WELL 10, EGBEMA WEST EIBS LOC/ARD WELL 11, EGBEMA WEST ERNO LOC/ARD WELLS 17 and 20 and UGADA EGBEMA WEST ADHCF LOC/ARD WELL 1 IYIOKA without payment of compensation.

(iii) A DECLARATIO…

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