Customer Support

MOBIL PRODUCING (NIG) UNLTD V.AJANAKU & ORS

(2007) JELR 38346 (CA)

Court of Appeal 16 Feb 2007 Nigeria
BriefBot icon

BriefBot Summary

Free

- The applicant is seeking a stay of proceedings in a suit pending before the Federal High Court in Lagos. - The suit involves fishermen and fishing co-operative societies who are suing an oil company for damages resulting from an oil spill

Case Details

Suit Number:CA/L/459M/03
Judges:CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria
Counsel:SOLA DOSUMU For Appellant N. C. NJOKU with him E. NWOGBODO For Respondent

R. C. AGBO, JCA (Delivering the Leading Judgment): In this application, the applicant is seeking a stay of proceedings in Suit No. FHC/L/CS/247/2002 pending before the Federal High Court at its Lagos Division.

The Writ of Summons in that suit was taken out on 15th March 2002. The Plaintiffs in the suit, now respondents, had pleaded in paragraphs 1 to 18 of their statement of claim as follows:

"1. The plaintiffs are fishermen and have instituted this action in a representative capacity on behalf of registered fishing co-operative societies and/or 272 communities whose members and peoples inhabit the coastal settlements and villages on the shores of the Atlantic Ocean, and the banks of the lagoons, estuaries, Creeks and rivers of the coastal region of Lagos State

(herein after referred to as the Waters of Life).

2. The defendant is an unlimited liability Company registered under the Laws of the Federal Republic of Nigeria with its head office at Mobile House, No. 1 Lekki Expressway, Vic…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.