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NLNG LTD.
V.
GREEN & ORS.

(2009) JELR 33633 (CA)

Court of Appeal 9 Jul 2009 Nigeria
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- Plaintiffs filed an action at the Rivers State High Court seeking N38.4 billion in damages against the defendant for alleged chemical pollution caused by the defendant’s natural gas production activities, which purportedly paralyzed the p

Case Details

Suit Number:CA/PH/77/2006
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria
Counsel:A. E. Aperun - Yusuf For Appellant Respondent absent not Represented For Respondent

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Respondents as Plaintiffs, had filed an action against the Appellant at the Rivers State High Court (to be called simply High Court hereafter) vide a writ of summons dated and filed on 1/3/2001. The claim endorsed on the writ and later pleaded in the statement of claim was for the sum of Thirty Eight Billion, Four Hundred Million Naira only N38,400,000,000.00) being and representing special and representing special and general damages suffered by the plaintiffs as a result of the chemical pollution by the defendant from 2000 to 2001 of BONNY rivers, creeks, swamps, fishing channels and adjoining seas in Rivers State, thereby paralysing the plaintiffs fishing activities.

After being served with the writ and statement of claim, the Appellant filed a notice of preliminary objection questioning the jurisdiction of the High Court to entertain the action of the Respondents. The ground of objection was that the subject matte…

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