NIKI TOBI, J.S.C: (Delivering the Leading Judgment): Oil pipelines were constructed 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 to remove the structures were rebuffed. The appellant sued the respondent without giving the statutory pre-action notice under section 12(2) of the NNPC Act, 1977, the appellant asked for three declaratory reliefs and a relief on compensation for the sum of N20,000,000.00.
The learned 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 learned trial Judge.
Dissatisfied, the appellant has come to this court. So too the respondent by way of cross appeal. Briefs were filed and duly exchanged. Appellant formulated th…