NORTH-SOUTH PETROLEUM NIG. LTD
V.
FEDERAL GOV. OF NIG.

(2002) JELR 57723 (CA)    

Court of Appeal  ·  CA/A/95/2000 ·  21 Mar 2002 ·  Nigeria
 · 
Other Citations
North-South Pet. (Nig.) Ltd. v. F.G.N. (2002) 17 NWLR (Pt. 797) 639
CORAM
DAHIRU MUSDAPHER JCA (Presided) MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA ZAINAB A. BULKACHUWA JCA (Read the Lead Judgment)
Core Terms Beta
respondents
plaintiff
trial court
rule
notice
1st defendant
ground of appeal
learned trial judge
preliminary objection
bulkachuwa jca
court of appeal rules
lower court
order of the trial court
constitution of the federal republic of nigeria
federal high court
grant of an interlocutory injunction
honourable court
lead judgment
notice of preliminary objection
13th day of march
18th may
3rd issue
5th respondents
allocation of the subject matter of this suit
briefs of argument
consideration of the following reliefs
cost of the respondent
determination of the following issues
determination of the substantive suit
determination of this appeal
federal high court account
following issues
further arguments
further order
hearing of this appeal
laws of nigeria
leave of the appellate court
matters of ownership
necessary deposits
order of perpetual injunction
provisions of the appropriate law
purported cancellation of opl
purported cancellation of the said contract
registry of federal high court
said contract
second order
valid contract
very issue
view of the provisions of the public officers

BULKACHUWA JCA (Delivering the Lead Judgment): The appellant as plaintiff commenced this action by an originating summons, dated 13th March, 2001, before the Federal High Court, Abuja, whereby he was seeking the determination of the following issues:- Whether the agreement in writing contained in letters from the plaintiff to the 1st defendant dated 22nd April, 1999; 18th May, 1999; and 27th May, 1999; from the 1st defendant to the plaintiff dated 16th July, 1998; 13th May, 1999 and 14th June, 1999, by virtue of which the 1st defendant did allocate to the plaintiff a discretionary allocation of Oil Prospecting Licence in respect of OPL 326 constituted a valid contract between the plaintiff and the 1st defendant. Whether the discretionary allocation of OPL326 made by the 1st defendant to the plaintiff on May 13, 1999, was made in accordance with the provisions of the appropriate law namely the Petroleum Act, 1969, (Cap 350) Laws of Nigeria, 1990.

Whether the 2nd defendant has the righ…

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