NIGERIA GAS COMPANY LIMITED V. GASLAND COMPANY LIMITED

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from a ruling of the Federal High Court (the Court below) whereby the Court below struck out the appellant's preliminary objection to its jurisdiction on the ground that the preliminary objection was filed outside the 21 days prescribed by the Federal High Court (Civil Procedure) Rules 2009, (the Rules of the Court below).

In a nutshell, the respondent by a writ of summons and accompanying statement of claim filed on 26-03-14, sought for a declaratory, injunctive and specific performance reliefs against the appellant with respect to a franchise embodied in a National Gas Sales and Purchase Agreement (GSPA) between the appellant and the respondent. The respondent sued on the GSPA at the Court below alleging its breach by the appellant. In line with one of the clauses of GASPA, the respondent and the appellant engaged in negotiations to settle the dispute. They were not successful. After negotiations had brok…