TOTAL E & P (NIG) LTD
V.
JONATHAN & ANOR

(2018) JELR 38958 (CA)    

Court of Appeal  ·  CA/PH/432/2017 ·  8 Mar 2018 ·  Nigeria
CORAM
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
appellant
record of appeal
practice direction
1st respondent
lower court
preliminary objection
rules
writ of summons
notice of preliminary objection
provisions of order
court of appeal practice direction
court of appeal rules
1st respondents
2nd defendants
2nd respondent
appeal incompetent
appellate court
cost of litigation
day period
learned counsel
notice of appeal
registrar of the lower court
appellants name
appellants reply brief of argument
appellants transmission of the record of appeal
bitrus gyarazama sanga
briefs of argument
competence of this appeal
cordelia ifeoma jombo-ofo
decision of the lower court
determination of the appeal
federal high court rules
f-h.
general rule
grounds of the notice of appeal
interlocutory appeal
issue of absence of seal
leading judgment
learned trial judge
place of preliminary objection
port harcourt
practice direction of this court
practice of this court
ruling of the federal high court
sum of n9,409,500
theresa ngolika orji-abadua
trial court

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading judgment): This appeal emanated from the ruling of the Federal High Court (hereinafter to be referred to as the lower/trial Court) sitting in Port Harcourt, per J. K. Omotosho J., delivered 26th April, 2017 in suit No. FHC/PH/CS/471/2016.

STATEMENT OF FACTS.

The 1st respondent as the plaintiff at the lower Court took out a writ of summons on 28th April, 2016 wherein he claimed jointly and severally against the 1st and 2nd defendants (who before us are the appellant and the 2nd respondent respectively) as follows:

a) A DECLARATION that the unauthorized pumping of the waste rainfall water from the existing trench during the Obite-Ubeta-Rumuji Gas Pipeline Project of the 1st defendant into the plaintiffs land which resulted to the severe flooding of his farms and destruction thereat situate at Ewumini farmland along Ogbo-Abarikpo Town in Ahoada East Local Government Area of Rivers State while constructing the aforesaid Obite-Ubeta-Ru…

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