REV. ISAAC WALTER OKONI V. NIGERIAN AGIP OIL CO. (NIGERIA) LTD

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): By its ruling delivered on the 24th day of November 2008, the Federal High Court sitting at Port Harcourt dismissed suit No. FHC/PH/CS/1352/2006 commenced by the Appellant herein for being statute barred. Dissatisfied, the plaintiff at the lower court has appealed against the court's decision by his Notice filed on 1st December 2008 containing three grounds.

Parties have filed and exchanged their briefs of argument including appellant's reply brief.

The two issues the appellant identified in his brief as having arisen for the determination of the appeal read:

"4.1 Whether the appellant's action as encapsulated at paragraphs 5, 6 and the relief in the amended statement of claim falls within the jurisdiction of the Federal High Court (Ground 3)

4.2 whether in law there is an action for continuing trespass and if so whether such action (as in the appellant's case) could be statue barred by virtue of the limitation Law Cap 8…