The Registered Trustees Of Ugborodo Community Trust & Ors V. MR. Wellington Ojogor & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the interlocutory decision of the Federal High Court sitting in Benin City, delivered on the 15th of June, 2001. In the said ruling, the court dismissed the appellants’ motion seeking to set aside the order of interim injunction earlier granted by the court on the ground that the motion was not supported by an affidavit.

The brief facts originating the present appeal as can be gleaned from the record are as follows:

The respondents as plaintiff at the Lower Court, filed an action against the appellants seeking for the following reliefs.

“(a) A declaration that by virtue of the Incorporation of the Ugborodo community trust in accordance with law, the trust becomes, and is the only legal proper and legitimate representative of the said Ugborodo community and its people.

(b) A declaration that by virtue of the said incorporation of the Ugborodo community trust, the plaintiffs and such other persons, the time being properly elected as officers of the trust, are the only accredited lawful and proper representative of the Ugborodo community, who are entitled to run the trust and receive on behalf of the Ugborodo community who are entitled to run the trust and receive on behalf of the community all financial compensation and other benefits/entitlements from oil companies and third parties operating on the community land.

(c) An order of perpetual injunction restraining the defendants, their agents servants, Privies or otherwise howsoever from further demanding and/or receiving any financial compensation or other benefits/entitlements due to the Ugborodo community from any individual or group, government, associations, corporations, companies including the 18th – 20th defendants herein, their contractors and subsidiaries.

(d) An order restraining the 18th – 20th defendants herein, their agents, servants, privies or otherwise howsoever from further dealing or relating with the 1st – 17th defendants herein on behalf of the Ugborodo community or otherwise recognising them or paying any money or other benefits due to the community through them or any person other than the plaintiffs herein and those duly authorised by them.

In the course of the proceedings, the plaintiffs/Respondents by way of a motion exparte, sought for and were granted interlocutory orders from the Lower Court in the following terms:

“It is hereby ordered as follows:

(1) That an interim injunction is hereby granted restraining the 1st to the 17th defendants/respondents their agents, servants, privies or otherwise howsoever from further demanding and receiving any financial compensation or other benefits/entitlements due to the Ugborodo community from any individual or groups, government, associations, corporation, companies, including the 18th – 20th defendants/respondents herein, their contractors and subsidiaries pending the determination of the motion on notice.

(2) The 18th – 20th defendants/respondents are hereby restrained either by themselves, agents, servants, privies or otherwise howsoever from dealing or relating with the 1st – 17th defendants/respondents herein on behalf of the Ugborodo community or otherwise recognising them as representatives of the said community or paying any money or other benefits due to the community through him or any person other than the plaintiffs/applicants herein.

(3) The 1st – 17th defendants/respondents are restrained either by themselves, servants, agents, privies or otherwise howsoever, from obstructing, disturbing or tampering in any manner whatsoever with the operations of the 18th – 20th defendants/respondents herein or their agents, servants and contractors in any part of Ugborodo community land.

(4) Leave is granted the applicants to serve the writ of summons and other processes in this suit on the 1st – 17th defendants/respondents herein by leaving same with the 5th defendant at Awani quarters Ajamimogha, Warri, Delta State.