Nyerhovwo Oghenetejiri
A High Court sitting in Ughelli presided over by His Lordship Hon. Justice Ebiowei Tobi (J) has struck out a suit brought by Ohwarhua Family of Obodeti-Orogun against Shell Petroleum Development Company and three others.
The Claimants/Applicants (five in all) have dragged Chief Joelson Efetobor, Benneth Abafe, Evang. Joseph Onovae and Shell Petroleum Development Company (Defendants/Respondents) before High Court 2 sitting in Ughelli seeking for an order of court declaring them as persons entitled to the Right of Occupancy over Ubianegbe Farm Land where Shell has some of it’s oil wells amongst other reliefs.
Counsel to the Defendants/Respondents, Olakunle Oghene-Ovo Edun, Esq filed a preliminary objection to this suit which was argued before the Court leading to the dismissal of three (3) out of the four (4) reliefs sought by the Claimants/Applicants, this made the Claimants to file a notice to discontinue the suit and accordingly, the trial court struck out the whole case and awarded a cost of seventy thousand naira (N70,000.00) in favour of the Defendants/Respondents.
According to the Enrolment Order, the Court Ordered as follows, “in the light of that and taking into cognizance the submission of counsel and the totality of the case based on Claimants/Applicants decision not to pursue the apparently needless objective in their view, in granting the application to discontinue the suit, I am convinced that the appropriate order to make is to strike out the suit.”
On cost awarded against the Claimants/Applicants, the Court ordered as follows, “in granting cost, I consider the processes filed, appearance and inconvenience. Parties have fought this suit one way or the other. I award N70,000.00 cost in favour of 1st–3rd Defendants against the
Claimants. I hereby order that all cost in the matter be paid before any subsequent action is taken by the Claimants.”
