(1998) JELR 45634 (CA)    

Court of Appeal  ·  CA/L/143/97 ·  15 Dec 1998 ·  Nigeria
Other Citations
Douglas v. Shell Petroleum Dev. Co. Ltd (1999) 2 NWLR (Pt. 591) 466
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
trial judge
federal high court
originating summons
lead judgment
notices of preliminary objection
issue of locus standi
notice of preliminary objection
particulars of error
prima facie evidence
rules of the court
a.-g. river state
allegations of the plaintiff
alleged mix up
complete agreement
course of the action
doctrine of sufficient interest
federal environmental protection agency
issue of objection
issue of the competency of the suit
leading judgment
legal standing
locus standi of a person
native of the niger delta
natural gas
nature of demurrer proceedings
noble brother musdapher
notice of appeal
originating process of this case
originating summons statement of facts
overwhelming case of sufficient interest
personal right of the plaintiff
preliminary objection
preliminary studies
purposes of such application
registrar of the federal high court
requisite locus standi
ruling of the trial judge
statement of facts
subject matter of the litigation
sufficient personal interest
support of the originating summons
trial court

MUSDAPHER, J.C.A. (Delivering the Leading Judgment): The plaintiff now appellant is an activist in the protection of the environment. He is actively involved in the protection of the environmental rights promotion of waste management and generally safe and sustainable environment. He claims to be a native of the Niger Delta where there are large deposits of oil and gas. The respondents were jointly engaged in a project for the production of liquefied natural gas. For the project to take off the respondents are required to do preliminary studies on the impact of the project on the environment. They are required to comply with the provisions of Environmental Impact Assessment Decree No. 86 of 1992. The appellant was not satisfied that the respondents had satisfactorily adhered to the provisions of the Decree hence he took an action in the Federal High Court against the respondents and the Federal Environmental Protection Agency. In the course of the action, he discontinued the claim aga…

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