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CaseLaw

Awara V. Alalibo (2002) CLR 12(f) (SC)

Judgement delivered on December 13th 2003

Brief

  • Finding of fact
  • Evidence of a witness in previous proceedings
  • Pleadings
  • Ways of proving ownership of land

Facts

Appellants were Defendants to an action instituted against them and their community by the Respondents, as Plaintiffs in the High Court of Rivers State, holden at Degema. In the Suit the Respondents' claim is as follows;-

  • i
    "That the Plaintiff as the owners-in-possession of the Aba Boko Fishing Port are the persons entitled to the compensation payable by the Shell-BP Petroleum Development Company of Nigeria Limited for the flow station called Ekulama Location opposite the Aba Boko Fishing Port.
  • ii
    An order directing the Ministry of Finance, Rivers State to release to the Plaintiffs all the sums of money paid into the Rivers State Treasury by Shell-BP Petroleum Development Company of Nigeria Limited as compensation in respect of Ekulama Location at Aba Boko."

The Respondents explained in their Statement of Claim the subject matter in dispute between them and the Appellants. Originally the dispute was between the Respondents and Idama/Ekulama people. The dispute arose when Shell -BP discovered oil at Aba Boko Settlement. Shell-BP decided to pay compensation to the villages or communities on whose land the oil was found. The dispute went before the Divisional Officer at Degema but no agreement was reached. The Idama/Ekulama Community thereafter sued the Respondents before the High Court, in Suit No. PHC/97/71, and claimed for declaration of title to the mangrove swamp, the site of the location and an injunction restraining the Respondents from interfering with their title, rights and interests in and over the location.

The Appellants, in the present case, applied to be joined as second set of Defendants to the Suit filed by Idama/Ekulama Community. Their application was granted and they filed their Statement of Defence. The High Court dismissed the case of Idama/Ekulama. The Appellants and the Respondents now locked horns on which of the two communities is entitled to the compensation money. Meanwhile, Shell-BP paid the compensation money into the Treasury of the Rivers State Government pending the determination of the dispute over the party rightly entitled to be paid the compensation money.

Pleadings were called and delivered. Each party called witnesses in proof of their respective claims. The learned trial judge, at the end of the trial, dismissed the action filed by the Respondents against the Appellants. Dissatisfied with that decision the Respondents appealed to the Court of Appeal, Port-Harcourt Division. The Court of Appeal, in a considered judgment, found that the Respondents had established their claim to Aba Boko fishing port. The appeal was allowed.

It is against the judgment of the Court of Appeal that the Appellants have now come before this Court.

Issues

  • 1
    Whether the Court of Appeal properly considered all the issues raised in
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