ABIETO ALAGOMA & ORS V. SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED

JOSEPH TINE TUR, J.C.A. (Delivering The Leading Judgment): The substantive suit commenced before the Federal High Court Port-Harcourt, Rivers State before Honourable Justice A. O. Faji on 26th day of September, 2000. Objection to jurisdiction was raised but his Lordship dismissed same on 27th June, 2003. Faji J., was before hearing could commence transferred out of jurisdiction. Chukwu J., became seized of the proceedings. But when his Lordship was transferred to the Federal High Court, Uyo in Akwa Ibom State, the Chief Judge of the Federal High Court, by fiat, transferred same to be heard and determined by his Lordship at Uyo in Akwa Ibom State. On the 16th day of December, 2010 his Lordship on the application of the respondent struck out the suit for want of jurisdiction. The Notice of Appeal was filed on 17th day of January, 2011 having three grounds. The appellants' brief was filed on 2nd September, 2011. The appellant formulated the following issues for determination:

"1. Whether…