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FREGENE & ORS.
V.
CHEVRON NIGERIA LTD.

(2012) JELR 34896 (CA)

Court of Appeal 24 May 2012 Nigeria
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- This is an appeal against the ruling of the Delta state High Court where the court concluded that it lacked jurisdiction to hear the case. - The appellants sued the defendant for damages for trespass on their family land and sought an inj

Case Details

Suit Number:CA/B/115/2006
Judges:GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria FOLAYEMI OYEBISI OMOLEYE Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Counsel:J. O. Oweibo For Appellant Victor Akpoguma with E. E. Oghonoghor For Respondent

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Delta state High court presided over by Ohwo F. O. where he concluded after hearing arguments of both the Appellants and Respondent thus:

"A court of law must scrupulously examine the wordings of the relief or reliefs sought in an action in order not to go outside the enabling laws in search for jurisdiction. Jurisdiction is a hard matter of law which is donated by the constitution and the statute establishing the court. Where plaintiffs purposely try to avoid to avoid a particular court by cleverly wording their reliefs to appear to confer jurisdiction on a court where the court actually has no jurisdiction the court shall decline jurisdiction to hear the cause or matter.

In the final result, I am in agreement with learned counsel for the Defendant that the issues arising from the averments in the statement of claim of the plaintiffs fall within the exclusive jurisdiction o…

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