FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Lead Judgment): This appeal is against the judgment of the Federal High Court, Port Harcourt Division, CORAM: H. I. O OSHOMAH, J., (Hereinafter referred to as the Court below”) delivered on the 10th of February, 2025 in SUIT NO. FHC/PH/CS/49/2007 – CHIEF NOBLE P. EREBA & ANOR. vs. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED. The Court below dismissed the Appellant’s Motion on Notice dated and filed on the 21st of October 2024 seeking to amend its further amended Statement of Defense.
The appeal is brought as of right, pursuant to Section 241(1)(b)and(d) of the Constitution of the Federal Republic of Nigeria 19991 (as amended). The Appellant was the Defendant at the trial Court below while the Respondents were the Plaintiffs on record. The parties shall hereinafter be referred to as the Appellant and Respondents respectively. The proceedings before the Court below was commenced by Writ of Summons dated and filed on the 6th o…