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NIGERIA LIQUEFIED NATURAL GAS LIMITED V. OPUADA DUBLIN GREEN COMRADE JOSEPH GREEN ALHAJI MOHAMMED ZAKI ENGINEER CHRISTOPHER I. UWANDU

(2009) JELR 55462 (CA)

Court of Appeal  •  CA/PH/77/2006  •  9 Jul 2009  •  Nigeria

Coram
M. LAWAL GARBA JCA (Presided and Read the Lead Judgment) TIJJANI ABDULLAHI JCA EJEMBI EKO JCA

Judgement

GARBA JCA (Delivering the Lead Judgment): The respondents as plaintiffs, had filed an action against the appellant at the Rivers State High Court (to be called simply High Court hereafter) vide a writ of summons dated and filed on 1 March 2001. The claim endorsed on the writ and later pleaded in the statement of claim was for the sum of N38,400,000,000.00 (thirtyeight billion, four hundred million naira) being and representing special and general damages suffered by the plaintiffs as a result of the chemical pollution by the defendant from 2000 to 2001 of Bonny rivers, creeks , swamps, fishing channels and adjoining seas in Rivers State, thereby paralysing the plaintiffs’ fishing activities. After being served with the writ and statement of claim, the appellant filed a notice of preliminary objection questioning the jurisdiction of the High Court to entertain theaction of the respondents. The ground of objection was that the subject matter of the respondents’ action being damages …

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