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(2024) JELR 113089 (SC)

Supreme Court 5 Jan 2024 Nigeria
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- The appeal arose from the Court of Appeal, Benin Division’s ruling (11 March 2022) granting the 1st–88th Respondents’ application for a Mareva injunction restraining the 1st Appellant and 89th Respondent from disposing of their assets in

Case Details

Suit Number:SC/CV/337/2022
Judges:JOHN INYANG OKORO, JSC UWANI MUSA ABBA AJI, JSC MOHAMMED LAWAL GARBA, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC
Counsel:T. J. O. Okpoko, SAN with Kayinsola Ajayi, SAN, C. A. Ajuyah, SAN Sonny Wogu, SAN and M. Amadi, Esq. for the Appellants. M. N. Mohammed, SAN with P. H. Ogbole, SAN, Chief M. Eleyinmi, Esq., C. Chukwuemeka, Esq. and R. Ashwe, Esq. for the 1st - 88th Respondents. A. Akoni, SAN with U. E. Hussain Esq. with S. O. Ladipo, Esq. for the 89th Respondent. T. A. Gazali, SAN, (Ag. Director, Civil Appeals) A. Muhammad (Assistant Chief State Counsel), S. Jibril (Senior State Counsel), C. A. Okoronkwo (State Counsel), and F. K. Emetuche (State Counsel), Federal Ministry of Justice for the 90th Respondent.

MOHAMMED LAWAL GARBA, JSC(DELIVERING THE LEADING JUDGMENT): This interlocutory appeal against the Ruling of the Court of Appeal, Benin Division (court below) delivered on the 11th March, 2022 by which the 1st-88th Respondents' application for "mareva injunction" was granted, was brought vide the initial Notice of Appeal filed on the 14th March, 2022 which was amended by the Amended Notice of Appeal filed on the 12th December, 2022.

The mareva injunction was granted against the 1st Appellant and 89th Respondent in respect of a judgment of the Federal High Court, Owerri, (trial court) awarding the 1st - 88th Respondents the sum of Eight Hundred Billion Naira (N8,000,000,000.00) as compensation for an oil spill which was said to have occurred on the 18t September, 2019 and destroyed or affected their farm lands.

Aggrieved by the judgment of the trial court, the 1st Appellant appealed to the court below against same and also applied for a stay of the execution of the judgment pending the de…

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