Shell Petroleum Development Company Of Nigeria Limited V. Anthony Onyiriuka & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an Interlocutory appeal against the Ruling of the Federal High Court, Owerri Division. Contained in the decision of Hon. Justice O. O. Oguntoyinbo in Suit PHC/OW/CS/29/2004 delivered on the 6th day of December, 2013.

The Respondents had by Writ of Summons issued out of the said Court on 25th day of May 2004 claimed against the Appellant as follows:

“The sum of N53,252,665.00 being compensation payable by the defendant to the Plaintiffs for the continuous occupation till date of 3.5 Hectares of Land of the Plaintiffs situate and lying at Assah North Location Assah Ohaji/Egbema Local Government Area of Imo State which you acquired and now Surveyed and started operation on the Land since August 1998, resulting in the destruction and degradation of Economic Trees, Cash Crops, Food Crops, Sporting Rights and Shrines and Graves on the said Land without payment of the said compensation despite repeated demands and despite the fact that the defendant acknowledged the Claim since 1999 and promised to review the Claim.

PARTICULARS OF CLAIM

i) Economic Tress

1

? N14,650,000.00

ii) Food/Cash Crops ? N18,850,000.00

iii) Sporting Rights ? N9,400,000.00

iv) Shrines and Graves – N10,352,665.00

N53,252,665.00

The Writ of Summons was accompanied by Statement of Claim which was amended pursuant to the Order of Lower Court on 11th day of May 2012 increasing the damages (Special and General) claimed to N453,252,665.00.

The Appellant as Defendant entered a conditional Appearance in the matter on 2004 and thereafter filed Statement of Defence dated 7th day of March, 2005 on 8th day of March, 2005. The said Statement of Defence was amended and two further amendments were made to the said Statement of Defence by the Appellant. On 22nd day of June, 2012 the Appellant also filed a FURTHER AMENDED STATEMENT OF DEFENCE TO SECOND AMENDED STATEMENT OF CLAIM pursuant to the Order of Lower Court made in that behalf on 11th day of May, 2012. See pages 47-49 of the Record of Appeal.