Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AGIP (NIG) PLC
V.
OSSAI & ORS

(2018) JELR 38953 (CA)    

Court of Appeal  ·  CA/OW/324/2014 ·  14 Jun 2018 ·  Nigeria
CORAM
MASSOUD ABDULRAHMAN OREDOLA JCA ITA GEORGE MBABA JCA TUNDE OYEBANJI AWOTOYE JCA

Ratio Decidendi

Core Terms Beta
appellant
respondents
trial court
case
preliminary objection
general damages
doctrine of res ipsa loquitor
fire incident
duty of care
supplementary records of appeal
defendants negligence
lower court
credible evidence
fire outbreak
award of cost
case of negligence
award of damages
denial of the appellant
failure of the trial court
favour of the respondents
instant case
provisions of the oil pipelines act
result of an explosion
said motion
said name
abuse of the court process
act of the appellant
acts of the defendant
addresses of counsel
appellant filed brief of arguments
critical examination of the evidence
defendants name
evidence of the particulars of the negligent conduct
judgment of the federal high court
leading judgment
learned counsel
nigerian agip oil company ltd
oil wells
plaintiffs claims
result of the negligence
said application
said conditions
said costs
said failure
statement of claim
such rights
suit no.fhc
summary of the claim
withdrawal of the said motion

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Owerri, in Suit No.FHC/OW/CS/01/2011, delivered on 27/6/2014, wherein the trial Court granted the reliefs sought by Plaintiffs (now Respondents) as per their amended statement of claim. At the trial Court the summary of the claim was:

Each of the plaintiffs claims against the Defendant the sum of (Five Million Naira) ₦5,000.000.00 (See page 37 of the Records).

After hearing the case and considering the evidence and addresses of Counsel, the trial Court held:

"Indeed, upon a critical examination of the evidence placed before me, I am of the view that, 16 years after the fire incident, caused by the Defendants negligence occurred, the plaintiffs are entitled to their claims, the value of which would have been greatly eroded due to the loss in purchasing power of the Naira over this period of time The 1st, 2nd and 3rd plaintiffs are each entitled to ₦5M (Five Million Na…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login