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SHELL BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD. V. JACOB ABEDI & ORS

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SHELL BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD. V. JACOB ABEDI & ORS

Legalpedia Citation: (1974) Legalpedia (SC) 01161

In the Supreme Court of Nigeria

Fri Jan 11, 1974

Suit Number: SC. 159/1971

CORAM


UDOMA, JUSTICE, SUPREME COURT

ALEXANDER JUSTICE, SUPREME COURT

BABALAKIN,JUSTICE, SUPREME COURT


PARTIES


SHELL BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The respondents claimed title and compensation to the land in dispute. It was found that title resided in the 2nd and 3rd defendants at the trial court but they were nevertheless awarded the sum of 12, 000 pounds as compensation for the appellants exploration activities in the land on the basis of possession as customary tenants.


HELD


The court held that the respondents claim for compensation ought to have failed because they never pleaded or gave evidence of being customary tenants as the basis of their claim to compensation.


ISSUES


Whether the respondents were entitled to compensation having failed in their claim to the title to the land in dispute and having not pleaded nor offered evidence of customary tenancy.


RATIONES DECIDENDI


IMPORTANCE OF PLEADINGS


It is now settled that in any action in the High Court, the parties are bound by their pleadings . Per Fatayi- Williams J.S.C


DE FACTO POSSESSION OF LAND


A de facto possession of land gives right to retain the possession and to undisturbed enjoyment of it as against all wrong doers. It is not, however, sufficient against the lawful owner. Per Fatayi- Williams J.S.C


CASES CITED


Delaney v. Smith (1946) 2 All E.R. 23

Emegokwe v. Okadigbo (1973) 4 S.C. 113


STATUTES REFERRED TO



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