Oliver Emezie & Ors V. Ogugua Linus & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK OZIAKPONO?OHO, J.C.A.:(Delivering the Leading Judgment)

This Appeal has arisen from a dispute involving the sharing of compensation proceeds from the Oil Exploration activities of the Shell Petroleum Development Company Limited between the Umuchia family of Umualum Umuapu and the Umuachakala family all of Umualum Umuapu in Ohaji/Egbema L.G.A. of Imo State.

By a writ of summons dated on the 7-4-2010 and filed on the 9-4-2010, the Respondents as Claimants filed a suit against the Appellants as Defendants at the lower Court, wherein they claimed the following reliefs;

a. A Declaration of the Hon. Court that the Umuachakala being a member of Umunji/Family are entitled to any compensation paid in respect of the Ikwegbu Drilling location Access road and ANY OIL EXPLORATION ACTIVITIES as stated in the judgment of Court in suit No. HOG/73/92 BETWEEN MAXWELL LEMONWU & ANOR vs. PATRICK ENYINNAYA & 11 ORS.

b. An Order of Court, that the Defendants should pay the Plaintiff the sum of N600,000.00 being their share of compensation paid to them on 11th of November, 2009.

c. An Order of Court, ordering the Defendants to pay to the

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Plaintiffs, the sum of N1,000.00 (One Thousand Naira) or its equivalent as nominal cost awarded in judgment of the Court against them.

d. Injunction restraining the Defendants, Agents, privies, successors and Shell Petroleum Company from giving any compensation in respect of the three land without the representation of Umuachalaka family of Umuji.

After the service of processes, by a motion on notice dated and filed the 22nd day of June, 2012, the Defendants, now Appellants, prayed for an order dismissing or striking out the suit for want of a reasonable cause of action on the grounds that:

a. The Claimants by the instant suit are seeking to enforce the judgment of this Court in Suit No. HOG/73/92.

b. The Claimants by relief (a) are further seeking the interpretation of the said judgment in HOG/73/92 in terms of its scope and applicability.

c. The judgment of a Court cannot be enforced vide a fresh action but by judgment enforcement procedure.

d. The judgment of a Court cannot be subjected to interpretation by another Court of coordinate jurisdiction nor by the very Court that delivered it.