COMPAGUIE GENERALE DE GEOPHYSIQUE (NIGERIA) LIMITED V. CHIEF GREENBANK G. E. IHEKA

JOHN INYANG OKORO, J.C.A.: (Delivering the Leading Judgment): This is an appeal against an interlocutory ruling of the Imo State High Court sitting at Orlu in Suit No. HOU/11/99 delivered on 18th June, 1999 wherein the learned trial Judge refused the appellant's application to strike out the aforementioned suit for want of jurisdiction, the said suit having arisen out of geological survey and other oil exploration/prospecting activities. A summary of the facts leading to this appeal would suffice.

The respondent (as plaintiff at the court below) filed an action at the Orlu High Court, Mgbidi on 7th May, 1999 against the appellant (as defendant) claiming the sum of N20,000,000.00) Twenty Million Naira) as damages for trespass to land in that the respondent's crops, economic trees and house were damaged when the appellant entered the said land to prospect for crude oil during exploration.

Before the commencement of the hearing of the case, the appellant filed a Motion on Notice on the 1…