Elf Petroleum Nigeria Limited V. Daniel C. Umah & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The Appellant herein was the Defendant in Suit No. FHC/PH/C5/152/97 filed at the Federal High Court, Port Harcourt in Rivers State. The Respondents herein as Plaintiffs in the trial Court and Respondents also in the Court below for themselves and on behalf of the members of the 5 (five villages that constitute the Obite Community in Ogba/Egbema/Ndoni L.G.A. of Rivers State of Nigeria initiated the aforesaid suit (supra) against the appellant as defendant therein and claiming the following reliefs:

“a) The sum of N2,500,000,000.00 (Two Billion, Five Hundred Million Naira) only being and representing compensation for the acquisition of the plaintiffs communities, vast area of land measuring approximately 28.684 hectares (about 286.840 square meters) by the Defendant company for the establishment of a GAS PLANT at OBITE COMMUNITY in the Ogba/Egbeda/Ndoni Local Government Area of Rivers State of Nigeria.

b) That the Defendant Company implements the contents of the Plaintiffs’ Bill of demand dated September 15th 1996 already pleaded in paragraph 6 of the Statement of

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claim.

c) That the Defendant company be committed in a written undertaking that it would always offer gainful employment opportunities to the indigenes of the five (5) smaller communities (villages that constitute the overall OBITE larger Community.”

Judgment was entered on the 18th day of April, 2005 by the trial Court in the sum of N25 Million Naira in favour of the Respondents which judgment was affirmed on appeal by the Court below on 13th day of July, 2006. Against the said judgment of the Court below, the appellant has brought this present appeal founded on 3 original Grounds of Appeal. By the leave of this Court granted on the 23rd November, 2009, four additional grounds of Appeal were filed by the Appellant.

SUMMARY OF RELEVANT FACTS

The Respondents filed Suit No. FHC/PH/152/97 at the Federal High Court Port Harcourt on the 26/5/97 in a representative capacity for themselves and on behalf of members of the 5 family units or villages that constitute the Obite Community in Ogba/Egbema/Ndomi LGA of River State claiming amongst other reliefs the sum of N2.5 billon representing compensation for the acquisition of the Respondents’ land

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measuring approximately 26.685 hectares (286.840 sq meters) by the appellant company for the establishment of a Gas plant at Obite Community in the Ogba/Egbema/Ndomi LGA of River State.

The Respondents as plaintiffs in the trial Court called 3 witnesses and tendered Exhibit 1 i.e. Bill of Demand; Exhibit 2 their Solicitors letters of demand to the Appellant dated 2/4/97: Exhibit 3a and 3b Photographs and negative: Exhibit 4A and 4B receipts of payment made by the Appellant to Umu-Orokwokra family and closed their case on 2/11/2000.

The appellant as defendant also called 3 witnesses and tendered Exhibits 6, 7 , 8, 9 , 10, 11, 12, 12a, 13 , 13a, 14, 15 and 15a.