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CGG. NIGERIA LTD
V.
AMAEWHULE

(2005) JELR 46440 (CA)

Court of Appeal 4 Jul 2005 Nigeria
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- The plaintiff sued the defendant in Rivers State High Court for N1,000,000 in special and general damages, alleging negligence resulting from the defendant’s seismic survey operations, which damaged the plaintiff’s buildings at Eliozu Vil

Case Details

Suit Number:CA/PH/347/98
Judges:VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MONICA BOLNA’AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Counsel:D. O. Ezaga, Esq. (with him, J. Ovie [Miss]; N. K. Dedo) For Appellant F. U. Okoro, Esq. For Respondent
Other Citations:C.G.G. (Nig.) Ltd. v. Amacwhule (2006) 3 NWLR (Pt.967)282

DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): In a suit No. PHC/664/94 between Mr. Collins Amaewhule v. C.G.G. (Nig.) Ltd., the plaintiff claimed against the defendant, "the sum of N1,000,000.00 (One million naira) only being for special and general damages for the extensive damages to the plaintiff's houses and buildings lying and situate at Eliozu village, Oro-Igwe in Obio/Akpor Local Government Area of Rivers State which resulted from the negligence of the defendant in carrying out seismic survey works and operations at Eliozu village ... between the 28th of February and the 4th of March, 1993".

Pleadings were filed and the suit proceeded to hearing up to conclusion.

At the stage of address, the learned Counsel to the defendant filed a motion challenging the jurisdiction of the trial State High Court to hear and determine the suit.

The jurisdictional competence of the trial Court was challenged upon the provisions of the Federal High Court (Amendment) Decree, 1991, whic…

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