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SCHLUMBERGER NIGERIA LIMITED & ORS v. LAGOS STATE ENVIRONMENTAL PROTECTION AGENCY & ANOR

(2018) JELR 38524 (CA)

Court of Appeal  •  CA/L/902/2008  •  13 Jun 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): This appeal, brought by the notice of appeal filed on the 13th July, 2007, is against the Ruling by the Lagos State High Court delivered on the 16th April, 2007 in the Appellants' Suit No. M/580/2002. The Notice Appeal was amended by the Amended Notice of Appeal containing seven grounds filed on the 15th February, 2010 from which two (2) issues were distilled and submitted to the Court for determination in the Amended Appellants' brief filed on 15th September, 2014. The issues are: -

"(1) Whether the Lagos State High Court was wrong when it resolved in the negative, all the questions posed in the Originating Summons, and decided that Section 17(1) and (2), and 18(2)(c) of the Lagos State Environmental Protection Law, Chapter 123 of the Laws of Lagos State are not unconstitutional, null and void.

(2) Whether the High Court of Lagos State was wrong when it dismissed the suit No. M/580/2007 and failed to grant the remedies prayed…

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