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NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY v. MOBIL PRODUCING NIGERIA UNLIMITED

(2018) JELR 41137 (CA)

Court of Appeal  •  CA/C/244/2017  •  22 Mar 2018  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant as Plaintiff at the trial Court instituted this action against the Respondent as Defendant claiming the sum of N10,000,000.00 (Ten Million Naira) as penalty fees for the alleged contravention of the National Oil Spill Detection and Response Agency (NOSDRA) Act and its regulations.

The Respondent upon receipt of the originating processes entered a conditional appearance and filed its statement of defence as well as accompanying Court processes in opposition to the plaintiff's originating process.

In a considered Ruling delivered by I. L. Ojukwu, J, of the Uyo Division of the Federal High Court in Suit No.FHC/L/CS/1623/2016 delivered on the 16th of May, 2017, struck out the case for want of jurisdiction. This appeal is predicated on the said Ruling.

SUMMARY OF FACTS:

A summary of the facts as presented by the Respondent at the trial Court was that upon observing the small amount of oil and water released from…

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