December 11, 2018

Ethiope West appeals judgment on tenement rate

By Gabriel Enogholase

BENIN—Ethiope West Local Government Area of Delta State has appealed the ruling a Delta State High Court, sitting at Oghara in the suit between it and Pan Ocean Oil Corporation Nig. Ltd., over tenement rate.

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In the appeal at the Court of Appeal sitting in Benin, Edo State, the local government’s counsel, Mr. D.A. Awosika, is contending that the trial judge erred in law when he held that the trial court lacked the jurisdiction to entertain the subject matter of the claim before it.

The appellant stated that the claim before the trial court is for the assessment of 2013 tenement rate of the respondents and their refusal to pay.

The appellant noted that by virtue of the provisions of Section 4 (1) and (2) of the Revenue Court Law of Delta State, its claims being on revenue due the local government and left unpaid, falls within the jurisdiction of the trial court.

It added that its claims did not fall within the purview of Section 251(1) (n) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, as it relates solely to tenement imposed on property of the respondent by the appellant and not on its oil exploration activities.

On its other ground of appeal, the appellant said that the trial judge erred in law when he held that “exhibits B and C clearly shows the property on which the tenement rate was imposed as concrete and steel structures for office and industry not for residential purpose.”

The court has fixed May 5, 2019 for the hearing of the appeal.