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NIGERIAN NATIONAL PETROLEUM CORPORATION V. HRH EZE (DR.) S. I. UDENZE (JP.)

(2015) JELR 53028 (CA)

Court of Appeal  •  CA/PH/276/2008 FHC/UM/CS/16/2007  •  14 May 2015  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA (Presided) PETER OLABISI IGE JCA FREDERICK O. OHO JCA (Read the Lead Judgment)

Judgement

OHO JCA (Delivering the Lead Judgment): This appeal amongst a host of other issues principally revolves around the perennial problem of delimiting the jurisdiction of the Federal High Court under section 251(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), with regards to a claim, on the one hand whose subject matter the appellant has insisted is grounded in damages for trespass to land and on the other hand, one whose subject matter, the respondent has insisted is grounded in damages for infringement of fundamental rights under section 44(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which deals with the question of compulsory acquisition of immovable property in Nigeria. The issue of the adequacy of a pre-trial notice issued under section 12 of the Nigerian National Petroleum Corporation Act, Cap. 320, Laws of the Federation of Nigeria, 1990, is also dealt with. In suit No. FHC/UM/CS/16/2007, filed at the Federal High Co…

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