(2003) JELR 44878 (SC)    

Supreme Court  ·  SC.320/2001 ·  12 Dec 2003 ·  Nigeria
Other Citations
Mobil Prod. (Nig.) Unltd. v. Monokpo (2003) 18 NWLR (Pt. 852)346
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Core Terms Beta
2nd defendant
second defendant
mr. ajumogobia
statement of defence
learned trial judge
court of appeal
final judgment
points of law
1st defendant
mr. nwosu
behalf of the second defendant
behalf of the 1st defendant
close of the plaintiffs
issues of law
leading judgment
trial judge
cause of action
federal high court
part of the evidence
plaintiffs pleadings
special damages of n3,698,524,656.00
support of the plaintiffs case
1st set of respondents
2nd set of respondents
allegations of fact
considered ruling
decisions of the court of appeal
first suit no. fhc
first time
hearing of the motion
said defendants
said motion mr. ajumogobia
said processes
second suit no. fhc
separate legal entity
separate sets of plaintiffs
statements of claim
statements of defence of the 1st defendant
submission of no case fails
supporting affidavits
support of their case
view of this motion

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): Two suits were instituted in the Federal High Court, Calabar on June 1, 1998 by two separate sets of plaintiffs against the same defendants. The said defendants are now the appellants. The first suit No. FHC/CA/CS/30/98 claimed special damages of N3,698,524,656.00 and general damages of N301,475,344.00. The plaintiffs therein are now the 1st set of respondents. The second suit No. FHC/CA/CS/31/98 claimed special damages of N938,200,464.00 and general damages of N61,799,536.00. The plaintiffs in that suit are now the 2nd set of respondents. The defendants in the two suits were sued jointly and severally. The two suits have as their cause of action ecological and environmental pollution arising from crude oil spillage.

In both suits, the statements of claim were filed on 22 July, 1998 and the statements of defence of the 1st defendant only were filed on 12 October, 1998 and latter amended and filed on 29 June, 2000. The 2nd defend…

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