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MOBIL PRODUCING (NIG) UNLTD V. CHIEF M.A. AJANAKU & ORS

(2007) JELR 38346 (CA)

Court of Appeal  •  CA/L/459M/03  •  16 Feb 2007  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; PAUL ADAMU GALINJE JCA;

Judgement

R. C. AGBO, JCA (Delivering the Leading Judgment): In this application, the applicant is seeking a stay of proceedings in Suit No. FHC/L/CS/247/2002 pending before the Federal High Court at its Lagos Division.

The Writ of Summons in that suit was taken out on 15th March 2002. The Plaintiffs in the suit, now respondents, had pleaded in paragraphs 1 to 18 of their statement of claim as follows:

"1. The plaintiffs are fishermen and have instituted this action in a representative capacity on behalf of registered fishing co-operative societies and/or 272 communities whose members and peoples inhabit the coastal settlements and villages on the shores of the Atlantic Ocean, and the banks of the lagoons, estuaries, Creeks and rivers of the coastal region of Lagos State

(herein after referred to as the Waters of Life).

2. The defendant is an unlimited liability Company registered under the Laws of the Federal Republic of Nigeria with its head office at Mobile House, No. 1 Lekki Expressway, Vic…

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