Ratio DecidendiRatio Decidendi



SPDC & ANOR
V.
ALLA & ORS

(2018) JELR 39069 (CA)    

Court of Appeal  ·  CA/PH/750/2013 ·  11 May 2018 ·  Nigeria
CORAM
ISAIAH OLUFEMI AKEJU JCA CORDELIA IFEOMA JOMBO-OFO JCA BITRUS GYARAZAMA SANGA JCA

Ratio Decidendi

Core Terms Beta
appellants
respondents
plaintiffs
jurisdiction
learned trial judge
autonomous community
community
federal high court
constitution of the federal republic of nigeria
respondents action
lower court
plaintiffs claim
record of appeal
sole issue
statement of claim
ea oil field
federal high court act
geological survey
learned counsel
mining operations
right decision
trial court
appellants brief of argument
bitrus gyarazama sanga
briefs of argument
circumstances of the respondents pleadings
community liaison officer
considered ruling
contractual obligations
cordelia ifeoma jombo-ofo
decision of the federal high court
enforcement of the terms of the agreement
exercise jurisdiction
geological surveys
host community
intelligence surveillance services contract
leading judgment
leave of this court
legal recognition
mind-set
notice of appeal
oil pollution
plaintiffs desire
provisions of section
respondents brief of argument
said paragraphs
shell ea field
shell ea field host communities
terms of the gmou agreement
water front gardens

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): The appellants herein are appealing against the decision of the Federal High Court sitting in Yenagoa (hereinafter to be referred to as the trial/lower Court), presided over by Hon. Justice C. E. Archibong J., delivered on 16th January, 2013, in suit No. FHC/YNG/CS/19/2011.

The respondents who at the lower Court were the plaintiffs took out a specially endorsed writ of summons on 12th April, 2011 against the appellants being defendants thereat. In their statement of claim dated 12th April, 2011, particularly at paragraph 15 thereof, the respondents had sought thus against the appellants:

15. The plaintiffs desire to recover all that is due to them as a host community in the Shell EA Field. Wherefore the plaintiffs claim against the defendants as follows:

1. A DECLARATION that the plaintiffs (sic) community is an autonomous community duly registered with the Bayelsa State Government and is entitled to all the benefits, r…

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