(2012) JELR 49337 (CA)    

Court of Appeal  ·  CA/PH/383/2009 ·  7 Feb 2012 ·  Nigeria
MUSA DATTIJO MUHAMMAD (OFR) Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior counsel
federal high court
writ of summons
civil process act
lower court
grounds of appeal
original notice of appeal
service of the writ of summons
bayelsa state
civil procedure
court of appeal rules
initial notice of appeal
learned counsel
learned trial judge
such objection
trial court
favour of the respondents
grounds of objection
notice of preliminary objection
paragraph b-c
provision of order
substantial justice
amended notice of appeal
briefs of argument
chief j.k. gadzama
competent ground of appeal
decision of the learned trial judge
endorsement of writ
force of the rules of court
fresh issues
honourable court
honourable court lacks jurisdiction
issuance of writ of summons
leading judgment
osun state government v
paragraph statement of defence
particulars of the said ground
position of the law
proper procedure
record of this appeal
respective parties
said notice of appeal
such process
support of his submission
trial court of its jurisdiction

PAUL ADAMU GALINJE J.C.A, (Delivering the Leading Judgment): In their final amended statement of claim dated 1/12/2008 and deemed filed on the 31/3/2009 the Respondents were herein who were plaintiffs at the Federal High court sitting at Yenagoa, Bayelsa State, claimed for themselves and as representing 82 fishing communities the following reliefs:

1. A declaration that the 28, 324 claimants represented by the' plaintiffs on record are entitled to compensation arising from the Shell Petroleum Development Company Nigeria Limited Trunkline Nembe Creek Spillage of 22nd and 23rd December, 2003.

2. An order that the 28, 324 claimants be paid a sum equal to the sum paid to each claimant in the Defendant's list or alternatively the sum of N500,000.00 which is N14,162,000.00 to each of the 28,324 claimants in the plaintiff's list.

The Appellant filed a 14 paragraph statement of defence.

Pleadings having been filed and exchanged the case was set down for trial. The respondents called two witn…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login