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C.G.G. (NIGERIA) LIMITED V. CHIEF LAWRENCE OGU (For himself and as representing the Umu-Ogonim unit of Enyike family of Obor town in Ogba/Egbeme/Ndoni Local Government Area of Rivers State)

(2005) JELR 53010 (SC)

Supreme Court  •  SC. 303/2000  •  18 Feb 2005  •  Nigeria

Coram
AKINTOLA OLUFEMI EJIWUNMI JSC (Presided) NIKI TOBI JSC (Read the Lead Judgment) DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC SUNDAY AKINOLA AKINTAN JSC

Judgement

TOBI JSC (Delivering the Lead Judgment): The respondent was the plaintiff in the High Court. The appellant was the defendant. In an action filed at the Omoku High Court, Rivers State, the respondent claimed the sum of N3,120,000.00 as special and general damages as a result of alleged wrongful and reckless acts of the appellant in breaking and entering into A the respondent’s farmland by cutting several seismic lines resulting in wanton destruction of the respondent’s cash/economic crops and trees, fish ponds, juju shrines and farm house. In a motion dated 14th August, 1997, the appellant urged the court to strike out the action for want of jurisdiction on the ground that “the claim as disclosed in the writ of summons, statement of claim and the reply to the statement of defence arose from the shooting of explosives and other geological survey activities in the course of oil exploration activities in the oil field.” The learned trial Judge did not take the issue of jurisdiction in h…

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