judy.legal
Login Register

NIGERIA AGIP OIL CO. LTD V. W. AGBADAKIRI BIRIYE KOSIPRE EBIYE AGBADAKIRI O. OKOR MARY AGBADAKIRI MERCY AGBADAKIRI E. AGBADAKIRI O. AGBADAKIRI O. BLACK B. KOSIPRE MARY KOSIPRE PEREKIRI IDOMAKIKE (SUING BY THEIR LAWFUL ATTORNEY, MR. MOSES NNAH)

(2006) JELR 53021 (CA)

Court of Appeal  •  CA/PH/160/2002  •  12 Dec 2006  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA (Presided) ISTIFANUS THOMAS JCA (Read the Lead Judgment) MONICA BOLNA’AN DONGBAN-MENSEM JCA

Judgement

THOMAS JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the Federal High Court, Port Harcourt Division, delivered on 24th September, 2001. The brief facts of this matter are that, in a previous suit No. FHC/ PH/39/94, between the same parties, the respondents claimed damages resulting from the construction of Agbere A access road. Then a consent judgment was entered upon the agreement of both parties.

In 1996, the respondents again commenced another action seeking further compensationbased on the construction of the same Agbere Aaccess road. The present appellant resisted the second attempt to relitigate what was entered as a consent judgment and, therefore, filed a motion on notice urging the lower Federal High Court to dismiss the respondents’ second suit No. FHC/PH/126/96. The respondents opposed the motion and was sustained by the lower court hence the interlocutory appeal to this court. Appellant filed three grounds of appeal from which a…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login