Shell Petroleum Development Company Limited V. Chief Goodluck C.r. Meburu (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

By a specially endorsed Writ of Summons and Statement of Claim dated the 02/7/2010 and filed the 19/07/2010 at the Imo State High Court of Justice, Oguta Judicial Division, the Respondent in a representative capacity, as Plaintiff claimed as follows:

(i) A DECLARATION that the entry of the Defendant into claimant’s parcels of land in Abacheke since 1958 without payment of lease, rent, acquisition or any form of compensation money is unlawful.

(ii) A DECLARATION that the defendant has no right or authority to compulsorily acquire Claimant’s lands at Abacheke in Ohaji/Egbema Local Government Area which land houses defendant’s oil wells designated as EGBEMA WEST EVBP LOC/ARD WELL 15, EGBEMA WEST EIBV LOC/ARD WELL 13, EGBEMA WEST EIBN LOC/ARD WELL 10, EGBEMA WEST EIBS LOC/ARD WELL 11, EGBEMA WEST ERNO LOC/ARD WELLS 17 & 20 and UGADA EGBEMA WEST ADHCF LOC/ARD WELL 1 IYIOKA without payment of compensation.

(iii) A DECLARATION that Claimant is entitled to (as landlord) payments for acquisition of his lands, rents, claims payment for the excavations and any other acceptable benefit as a host landlord to the defendant company for their blockading his fish ponds, ridges, streams, swamps and farmlands.

(iv) A MANDATORY INJUNCTION directing the defendant company to recognize the claimant as the bonafide landlord to the defendant’s company in respect of defendant’s oil wells designated as EGBEMA WEST EVBP LOC/ARD WELL 15, EGBEMA WEST EIBV LOC/ARD WELL 13, EGBEMA WEST AIBN LOC/ARD WELL 10, EGBEMA WEST EIBS LOC/ARD WELL 11, EGBEMA WEST ERNO LOC/ARD WELLS 17 & 20 and UGADA EGBEMA WEST ADCHCF LOC/ARD WELL 1 IYIOKA lying and situate on claimant’s personal land at Abacheke-Egbema in Ohaji Egbema Local Government Area of Imo State.

(v) A MANDATORY INJUNCTION directing the defendant’s company to honour and implement the agreement reached on 27/11/89 between the Claimant and defendant without further delay.

(vi) The sum of Six Hundred and fifty Million, five Hundred thousand Naira only (N650,500,000,00) representing special and general damages follows:-

Special damages

(a) N100,500,00 being the approved 335 merit claims by defendant’s company, :

(b) N250,000,000.00 for the acquisition of hectares of land belonging to claimant.

(c) N200,000,000.00 being accumulated rent for 52 years of operation on claimant’s land.

General damages:

(d) N100,000,000.00 for general damages.