TOBI JSC (Delivering the Lead Judgment): Oil pipelines wereconstructed by the respondent on or adjoining the appellant’s factory premises. The appellant regarded the act as illegal. Efforts by the appellant to make the respondent remove the structures were rebuffed. The appellant sued the respondent without giving the statutory pre-action notice under section 12(2) of the Nigerian National Petroleum Corporation Act, 1977. The appellant asked for three declaratory relief and a relief on compensation for the sum of N20,000,000.00 (twenty million naira). The trial Judge gave appellant judgment as at page 138 of the record. On appeal to the Court of Appeal, that court held that the jurisdiction of the High Court was ousted by the failure of the appellant to give pre- action notice. The Court of Appeal also dismissed the award of damages by the trial Judge. Dissatisfied, the appellant hascome to this court. So too the respondent by way of cross-appeal. Briefs were filed and duly exchange…
FEED & FOOD FARMS (NIG.) LTD
V.
NNPC
(2009) JELR 56730 (SC)
Supreme Court 26 Jun 2009 Nigeria
Case
Citing Cases 16
BriefBot Summary
- The appellant sued the respondent for constructing oil pipelines on or near the appellant's factory premises, which the appellant considered illegal. - The appellant did not give the statutory pre-action notice required under the Nigerian
Case Details
Suit Number:SC. 244/2003
Judges:NIKI TOBI JSC (Presided and Read the Lead Judgment) DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC IBRAHIM TANKO MUHAMMAD JSC JAMES OGENYI OGEBE JSC
Counsel:Chief Robert Clarke SAN (with him, T.O. Ochonogor) - for the Appellant. C
-*-
J. O. Odubela (with him, I. Babayemi (Mrs.), C. Nwiyi (Miss) and
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A. A. Waziri) - for the Respondent/Cross-Appellant/Applicant.
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