Compulaw - 1st Indigenous Digital Law Library

Brief

Statement of claim
Defective brief of argument
Records of appeal
Brief of argument
Admission
Declaration of title
Survey plan
Appellate court power

Facts

The two suits culminating in this appeal were commenced at the Warri Judicial Division of the High Court of the then Mid-West State of Nigeria. The first Suit No. W/132/70 was filed on the 2nd of December, 1970. The Plaintiffs are the Respondents before this Court. The sole Defendant, Shell B.P. Petroleum Development Company of Nigeria is the 6th Respondent herein. By an application dated 17/12/70 and an order of Court pursuant thereto dated 12/1/71 the Appellants were joined as Co Defendants.

The 2nd Suit No. W/62/71 was filed on the 6/5/71. The Plaintiffs therein are the Appellants and the Defendants therein, the 1st - 5th Respondents herein. The two suits were by an order of Court on the 11 /6/73 consolidated and tried. By its judgment on the 4/12/1980 the trial Court allowed the claim in Suit No. W/132/70 and dismissed the claim in Suit No. W/62/71. In allowing the claim the learned trial Judge E.E. Akpata J. (as he then was) stated at page 149 of the record:

“In sum therefore in respect of Suit No. W/132/70, the Plaintiffs are hereby granted a declaration of title to all the piece of land verged Red in survey Plan No. M/GA 71/72, Exhibit 'A' in these proceedings. They are also entitled to the total sum of N9,500.00 which the company has deposited in the Government Treasury in Benin City. The company is to pay this amount or see to it that the amount is paid by the Treasury to the Plaintiffs. The company, Shell B.P. Development Company of Nigeria Limited is hereby restrained from paying any money in respect of all the land verged Red in Exhibit 'A' to any person or persons other than the Plaintiff."

The Defendants/Appellants were aggrieved by the said judgment and proceeded on appeal to the Court below. By its judgment dated the 7th January, 1994 the Court below dismissed the appeal.

And still dissatisfied with the said judgment the Defendants/Appellants have come on further appeal to this Court.

Ekpemupolo V. Edremoda (2009) 3(e) (SC)

Judgement delivered on March 27th 2009.

Brief

Facts

Issues