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(2017) JELR 37757 (CA)

Court of Appeal 10 May 2017 Nigeria
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- The case involves a gas explosion on a gas well, resulting in damages to the health, environment, and livelihood of the plaintiffs. - The plaintiffs filed a representative action against the defendants, seeking damages and a mandatory inj

Case Details

Suit Number:CA/L/155/2014
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:Charles Ajuyah, SAN with him, Adeniyi Adegbommire, Esq., Miss Faith Ikogho, Shehu Mustafa, Esq., Ayoleke Owolabi, Esq. and Miss Ibikunola Uwa) For Appellant Mrs. T. Ashimi with her, David Amakiri, Esq. for the 1st - 8th Respondents.Mrs. Ebelechukwu Enedah for the 9th Respondent. For Respondent
Other Citations:(2018) 14 NWLR (Pt. 1638) 56, (2017) JELR 72732 (CA)

JOSEPH EYO EKANEM, J.C.A.(Delivering the Leading Judgment): On 23/1/2014, the Federal High Court sitting in Lagos (Presided over by Buba, J.) delivered a ruling in Suit No FHC/L/CS/1033/2012 between the 1st to 8th respondents (as 1st - 8th plaintiffs) and the appellant and 9th respondent (as 1st and 2nd defendants, respectively). In the ruling, the Federal High Court, ("the Lower Court" for short) dismissed the appellant's preliminary objection challenging the jurisdiction of the Lower Court to hear the said suit and held that the suit is competent.

Aggrieved by the decision, the appellant has appealed to this Court by way of a notice of appeal filed on 6/2/2014. With the leave of this Court, the appellant filed an amended notice of appeal on 29/4/2015 which bears two grounds of appeal.

The facts of the case leading to this appeal as stated by the 1st 8th respondents in their statement of claim are as follows: On 16/1/2013, there was a gas explosion on the Funiwa l, a gas well located a…

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