MOBIL PRODUCING NIGERIA UNLIMITED V. HIS ROYAL HIGHNESS, OBA YIINUSA A. AYENI & ORS.

NWODO JCA (Delivering the Lead Judgment): This is an appeal against the interlocutory decision of the Federal High Court, Lagos Division delivered on 28 July 2004,dismissing the defendant’s (now appellant) motion on notice dated 2 March 2004 which sought an order of the court to strike out the plaintiffs (now respondents) suit for being statute-barred. The plaintiffs commenced an action by writ of summons and a statement of claim dated and filed on 23 December 2003, wherein he sought the following reliefs:

“1. ₦663,858,075.00 (six hundred and sixty three million, eight hundred and fifty-eight thousand and seventy-five naira) as special damages for the loss suffered by the plaintiffs as a result of the oil spill from the defendant’s pipeline at Eket in Akwa Ibom State;

2. The sum of ₦186,141,925.00 (one hundred and eighty-six million, one hundred and forty-one thousand, nine hundred and twenty-five naira) as general damages.”

Briefly, the facts as pleaded in the statement of claim are…