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OKONI
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NIGERIAN AGIP OIL CO. (NIGERIA) LTD

(2012) JELR 35131 (CA)

Court of Appeal 23 Mar 2012 Nigeria
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- The appellant filed a suit in the Federal High Court which was dismissed as statute barred. - The appellant appealed the decision, raising two issues for determination. - The first issue is whether the appellant's action falls within the

Case Details

Suit Number:CA/PH/131/2009
Judges:MUSA DATTIJO MUHAMMAD JCA PAUL ADAMU GALINJE JCA TUNDE OYEBANJI AWOTOYE JCA
Counsel:Chief F. F. Egele with T. R. Warmate Esq. For Appellant T. J. Krukrubo Esq. with M. E. Ugbeta Esq. For Respondent
Other Citations:(2012) JELR 56131 (CA)

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): By its ruling delivered on the 24th day of November 2008, the Federal High Court sitting at Port Harcourt dismissed suit No. FHC/PH/CS/1352/2006 commenced by the Appellant herein for being statute barred. Dissatisfied, the plaintiff at the lower court has appealed against the court's decision by his Notice filed on 1st December 2008 containing three grounds.

Parties have filed and exchanged their briefs of argument including appellant's reply brief.

The two issues the appellant identified in his brief as having arisen for the determination of the appeal read:

"4.1 Whether the appellant's action as encapsulated at paragraphs 5, 6 and the relief in the amended statement of claim falls within the jurisdiction of the Federal High Court (Ground 3)

4.2 whether in law there is an action for continuing trespass and if so whether such action (as in the appellant's case) could be statue barred by virtue of the limitation Law Cap 8…

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