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(2024) JELR 112922 (CA)

Court of Appeal 27 Sep 2024 Nigeria
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- This case is an appeal against the ruling of the Federal High Court of Nigeria in a suit filed by the appellant against the respondent. - The appellant, a group of fishermen and women, claimed that the respondent's negligence caused a cru

Case Details

Suit Number:CA/C/229/2023
Judges:UCHECHUKWU ONYEMENAM, JCA BALKISU BELLO ALIYU, JCA HADIZA RABI’U SHAGARI, JCA
Counsel:K. O. Uzoukwu Esq. with C. V. Egboduche Esq. For the Appellant. Augustine Okafor Esq. With Chidera Mbaogu Esq. For the Respondent.
Location:Calabar

BALKISU BELLO ALIYU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the ruling of the Federal High Court of Nigeria, sitting at Uyo, Akwa Ibom State (trial Court) delivered on the 25th April, 2023 by Hon. Justice J. E. Inyang (trial Judge) in respect of a motion on notice raising preliminary objection to the competence of Suit NO: FHC/UY/CS/227/2023. The suit was filed by the Appellant as the plaintiff, vide a writ of summons accompanied with a statement of claim in which he sought declaratory and injunctive reliefs as well as special and general damages against the Respondent which was the Defendant at the trial Court.

The facts of the case are that the Respondent by its negligence caused crude oil spill from its facility at Qua Iboe Oil field terminal in Ibeno Local Government Area of Akwa Ibom State on the 29th June, 2014, which negatively impacted on the economic activities of the Appellants who are fishermen and women and the spill polluted the entire river and the …

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