Notable Cases

The firm is actively engaged in litigation for resolution of disputes. In this regard, it has successfully handled numerous cases for clients at the High Court, Court of Appeal and Supreme Court.

Some concluded cases include but not limited to:

Criminal Law
In this case, Prof. Amos Agbe Utuama, SAN successfully prosecuted and got conviction of three students of the Oko Polytechnic Anambra State for the offence of conspiracy to rob ad robbery. The three students were convicted and sentenced to death by hanging by the High Court of Delta State, sitting in Agbor…

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Civil Law
Prof. Amos Agbe Utuama, SAN successfully defended the government of Delta State against the government of Abia State. The government of Abia State sued the Federal Republic of Nigeria and the 35 States therein. The substance of the Abia State Government’s claim…

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Civil Law
In 2004, the National Assembly enacted into law and the president of the Federal Republic of Nigeria assented to an Act known as Revenue Allocation (Abolition of Dichotomy in the Application of the Principle of Derivation) Act, 2004. The plaintiffs were of the belief…

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  • NICN/EN/I49/2012 BETWEEN: CHIEF JOHN AKARUANEN EWENEDE VS. SOLOMON AJOMATA ALA & 2 ORS

Civil Law

Brief facts: This was a case filed at the National Industrial Court, Enugu. The claimant sought declaration, injunction and an order nullifying and setting aside the appointment of the 1st defendant by the 2nd and 3rd defendants. Judgement was delivered on 04/12/2014 in favour of the defendants. The Court of upheld our argument in favour of the 1st and 2nd defendants.

 

  • W/415/2012 BETWEEN: MR. ALEX FENIMINE VS PAN OCEAN OIL CORPORATION NIGERIA LTD.

Civil Law: Oil & Gas

Brief facts: This was a case filed at the High Court of Delta siting at Warri wherein the Claimant claimed the sum of N45,000,000.00 (Forty Five Million Naira) being outstanding/accrued monthly payment for Pipeline Security Surveillance provision at the rate of N7,500,000.00 (Seven Million Five Hundred Thousand Naira) per month. Judgement was delivered on 18/3/2015 in favour of Pan Ocean Oil Corporation Nigeria Ltd. The Court upheld all our argument in favour of Pan Ocean.

  • S/107/2013 BETWEEN: MERCY TEMIENOR VS. PAN OCEAN OIL CORP. (NIG) LTD. & 3 ORS

Civil Law: Oil & Gas

Brief facts: This matter was filed at the High Court of Justice sitting at Sapele, Delta State, for declaration of title to land and claims for payment of compensation for acquisition of land and damages for trespass in the total sum of N40,000,000.00 (Forty Million Naira). Judgement was delivered 24/5/2018 in favour of Pan Ocean. The trial court upheld all our arguments in favour of Pan Ocean.

 

  • FHC/ASB/CS/37/2014 BETWEEN: MR. ELDER PIUS UKAGWU & 2 ORS VS. PAN OCEAN OIL CORP. (NIG) LTD & ANOR.

Civil Law: Oil & Gas

Brief facts: This matter was filed at the Federal High Court, sitting at Asaba, Delta State for declaration of title to land and claims for payments of compensation for acquisition of land and damages for trespass in the total sum of N20,000,000,000.00 (Twenty Billion Naira). Judgement was delivered on 20/5/2019dismissing the claimant claim.

 

  • HCG/M/6/2018 BETWEEN: SAMUEL ESISO & 10 ORS VS. PROF. A.A. UTUAMA, SAN & 9 ORS.

Civil Law: Enforcement of Fundamental Rights

Brief facts: The applicants filed a Fundamental Right case against the respondents. The respondents alleged threat to life and property. Judgement was delivered on 25/7/2018 dismissing the applicants’ application.

 

  • FHC/ASB/CS/CS/268/15 BETWEEN: PRINCE FREEDOM: PRINCE FREEDOM OSEKE-CHINYEM & 6 ORS VS. PAN OCEAN OIL CORP. (NIG) LTD & 8 ORS.

Civil Law: Oil & Gas

Brief facts: This matter was filed at the Federal High Court, Asaba, but later it was transferred to the High Court of Justice, sitting at Agbor, Delta State. The Claimants filed for declaration and order of injunction against Pan Ocean.

Judgement was delivered 30/4/2018 in favour of Pan Ocean. The trial court upheld all our arguments in favour of our client, Pan Ocean Oil Corporation Ltd.

 

  • B/344/2016 BETWEEN: ABBORT EMOKPAE VS. PAN OCEAN OIL CORP (NIG) LTD & ANOR.

Civil Law: Oil & Gas

Brief facts: This matter was filed at the High Court of Justice, sitting at Benin City, Edo State for claims of compensation for compulsory acquisition and damages for trespass in the sum of N5,000,000.00 (Five Million Naira) or alternatively N2,000,000,000.00 (Two Billion Naira) for full acquisition. Judgement was delivered on 13/12/2018 in favour of our client, Pan Ocean Oil Corporation Nigeria Ltd. The trial Court upheld all our arguments in favour of our client.

 

  • CA/B/426/2013 BETWEEN: PAN OCEAN OIL CORPORATION NIGERIA LTD VS. FMON NIG. LTD.

Civil Law: Oil & Gas- Contract

Brief facts: This appeal was filed at the Court of Appeal, Benin City. It is an appeal against the judgement of the High Court of Delta State in favour of Pan Ocean wherein the Court declared that Pan Ocean was not liable to pay the sum of N487,974,005.00 (Four Hundred and Eighty Seven Million, Nine Hundred and Seventy Four Thousand and Five Naira) being payment of statutory forestry permit. Judgement was delivered on 28/01/2018 in favour of Pan Ocean.

  • HCG/67/16 BETWEEN: MR. BENJAMIN ODUMAKE & 3 ORS VS. NIGERIA PETROLEUM DEVELOPMENT COMPANY LIMITED(NPDC)

Civil Law: Oil & Gas- Interpretation

Brief facts: This was the matter filed at the Otu-Jeremi High Court in Ughelli South Local Government Area of Delta State, wherein the claimants claimed the sum of N100,000,000.00 (One Hundred Million Naira) as special and general damages for denial of benefits accruable to them, and an order directing the defendant to sign a general memorandum of understanding with them, amongst others.

Judgement was delivered on 30/7/2019 in favour of our client, Nigeria Petroleum Development Company Limited (NPDC).

Court of Appeal, Asaba Division.
Judgement delivered on 2nd September, 2020.

Civil Law: Banking
FACTS: It is an appeal in reaction to the decision of the High Court of Justice of Delta State sitting at Warri in the Warri Judicial Division whereat the Learned Judge dismissed the claims of the Plaintiff/Appellant in its entirety as lacking in merit and dismissed the suit and all the 3 reliefs sought.

The Appellant herein as Plaintiff at the trial court had by an Amended Statement of claim claimed jointly and severally against the Defendant/Responded as follows:

  1. Refund of the sum of N60,684,000 (sixty million, six hundred and eighty-four thousand Naira) only being money had and received for no consideration since February, 2008.
  2. 20%(twenty) percent interest per annum on the said sum from 1st February, 2008 until Judgement is entered in this suit.
  3. 10%(ten) percent interest on the Judgement sum until same is paid.

“On the 21st January 2008, the 1st Defendant made an offer of credit facility to the plaintiff to finance the purchase of shares in the blue chips companies in the name of the plaintiff through the 2nd Defendant; now 2nd Respondent.

The Plaintiff accepted the offer subject to the conditions stipulated in the offer letter.

The total fund under the contract is N202,280,000 (two hundred and two million, two hundred and eighty thousand naira), the funding ratio being severity (70) percent from the 1st Defendant, whilst the plaintiff is to provide thirty (30) percent.

The plaintiff asserted that he provided his counter part funding whilst the Defendant had reneged in the provision of its counter part funding of N141,596,000 (One hundred and forty one million, five hundred and ninety-six thousand naira).

That the 1st Defendant had not provided or shown evidence of release of its contribution to the tune of N141,596,000 and has not since the agreement was entered into in February 2008, sent photocopies of share certificates in respect of shares bought for Appellant despite oral and written demand.

That the Defendants had failed to open and/or send trading account statements to plaintiff especially from the 2nd Defendant showing when the 2nd Defendant started buying shared on behalf of the plaintiff, the number of shares bought and the names of the companies from which the shares were bought.

That the Defendant failed to open a central security clearing system in the name of the plaintiff.

That ever since the plaintiff gave money to Defendant he had not received any evidence of the fulfilment of the Defendant’s contractual obligations under the agreement and that a solicitor’s letter for a refund yielded no response, hence the suit that culminated into this appeal.

Dissatisfied with the dismissal of the plaintiff’s claim this appeal was lodged and upon an Amended Notice of Appeal deemed on 27-2-2018 upon 4 Grounds. Appellant’s Brief of Argument filed on 12-11-2018 raised 2 Issues for determination and a sole alternative issue for determination.

The Issues are are as follows:

i.) Whether the learned trial Judge was right in law in holding that the respondents did not breach the fundamental terms of the contract between the appellant and the 1st respondent as contained in Exhibits “B1” and “C1”.

ii.) Whether the learned trial judge did not in law wrongly rely on Exhibit ‘C4’ the Zenith Bank’s Statement of Account, to reach the conclusion that the Appellant’s assertion that the 1st Respondent failed to pay its counter counterpart funding of N141,596,000 in accordance with the terms of the contract in Exhibit ‘B1’ or ‘C1’ was unfounded in the alternative.

iii.) Whether in view of Exhibit ‘C3’ the Respondents did not perform the otherwise legal contract contained in Exhibit ‘C1’ in an illegal manner without the express knowledge of the Appellant.

HELD:

The Court of Appeal resolved all three issues in favour of the Appellant. Consequently, it set aside the decision of the trial High Court of Delta State sitting at the Warri Judicial Division and delivered on the 13th December 2016 in Suit Number EHC/NO/W/202/2009 per P.O. Onajite Kuejubola, J. In its place, the court substituted a finding that the Appellant’s claims succeeds in its entirety. The Court declared as follows;

  1. That the Appellant is entitled to the refund of the sum of N60,684,000 (sixty million, six hundred and eighty-four thousand Naira) only being money had and received for no consideration since February, 2008.
  2. 20%(twenty) percent interest per annum on the said sum from 1st February, 2008 until Judgement i.e today.
  3. 10%(ten) percent interest on the Judgement sum until same is paid.

 

 

  • SC/3/2007 BETWEEN: MRS. COMFORT OLUFUNMILAYO ASABORO & ANOR VS. PANOCO & ANOR

Civil Law: Oil & Gas

Brief facts: This was an appeal against the decision of the Court of Appeal, Benin Division, which upheld the judgement of the Delta State High Court sitting at Oghara, in favour of Pan Ocean Oil Corporation Nigeria Ltd. Judgement was delivered by the Supreme Court in favour of Pan Ocean Oil Corporation Nigeria Ltd on 13/01/2017. The case is reported as Asaboro vs Pan Ocean Oil Corporation Nigeria Ltd [2017] All Federation Weekly Law Report (Part 884) page 1696. Read More

 

  • MEDIATION OF DISPUTE BETWEEN PRESCO PLC AND UMIAGHWA-ABRAKA KINGDOM.

Mediation

Brief facts: Presco Plc is company that is into the production of vegetable and palm oil. A company listed in the Nigeria stock exchange, with approximately fifty thousand hectares of land, in the Sakponba Estate, spanning from Edo State into parts of Delta State. Umiaghwa-Abraka Kingdom is one of the kingdoms in Ethiope East Local Government Area of Delta State. The crux of the dispute is that 14,436.823 hectares of land acquired by Presco Plc included an area claimed by Umiaghwa-Abraka Kingdom as its ancestral land. Overarching this dispute is the Edo and Delta States boundary dispute before the National Boundary Commission, which has been on-going since the creation of both states.

Prof. Amos Agbe Utuama, SAN was appointed mediator over this dispute on 25/10/2018. Series of mediation sessions were held, and on 10/7/2019, the disputing parties happily signed Settlement Agreement leading to withdrawal of ten (10) pending court cases.

 

  • MEDIATION OF DISPUTE BETWEEN PRESCO PLC AND ORUARIVE-ABRAKA KINGDOM

Mediation

Brief facts: The facts of this mediation are similar with that above Oruarive-Abraka Kingdom and Umiaghwa-Abraka Kingdom are neigbouring autonomous communities. Prof. Amos Agbe Utuama, SAN was appointed mediator over this dispute, and mediation has reached an advanced stage.

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