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FODE DRILLING (NIG) LTD v. FABBY & ORS

JELR 41927 (CA)

Court of Appeal  •   •  Nigeria

Coram
JSC;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): On 23/1/2014, the Federal High Court sitting in Lagos (Presided over by Buba, J.) delivered a ruling in Suit No FHC/LICS/1033/2012 between the 1st to 8th respondents (as 1st 8th plaintiffs) and the appellant and 9th respondent (as 2nd and 1st defendants, respectively). In the ruling, the Federal High Court, ("the Lower Court" for short) dismissed the appellant's preliminary objection challenging the jurisdiction of the Lower Court to hear the said suit and held that the suit is competent.

Aggrieved by the decision, the appellant has appealed to this Court by way of a notice of appeal filed on 6/2/2014. With the leave of this Court, the appellant filed an amended notice of appeal on 14/3/2017 which bears four grounds of appeal.

The facts of the case leading to this appeal as stated by the 1st - 8th respondents in their statement of claim are as follows: On 16/1/2013, there was a gas explosion on the Funiwa I, a gas well located…

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