THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED SHELL INTERNATIONAL PETROLEUM COMPANY LIMITED SHELL INTERNATIONAL EXPLORATION AND PRODUCTION BV. V. CHIEF ISAAC OSARO AGBARA CHIEF VICTOR OBARI CHIEF HUMPHREY OGITI CHIEF F.N. OGOSU CHIEF JOHN N. OGURU HON. JOSEPH OGOSU CHIEF G.O. NNAH CHIEF GEORGE O. OSARO CHIEF ADANTA OBELLE MRS. LALEOKA EJII (for themselves and on behalf of the Ancient “Omne Eh Ejuma” Stool-in-council, chiefs, Elders, Men, Women and Children of Ejama-Ebubu in Tai Eleme Local Government Area of Rivers State)

MUHAMMAD JSC (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of Port-Harcourt Division of the Court of Appeal (court below), of 23 October 2013, wherein the court below struck out appellants’ appeal against the judgment of the Federal High Court (trial court) holden at Asaba, delivered on 14 June 2010. Facts relevant to this appeal as contained in the records of appeal are that the respondents herein, as plaintiffs, instituted an action against the appellants herein, as defendants. The plaintiffs claimed damages in excess of N17 billion naira against the defendants arising from alleged oil spills in the course of defendants’ operations. The trial court entered judgment in favour of the plaintiffs and awarded a sum in excess of N17 billion naira as damages against the defendants. Dissatisfied with the decision of the trial court, the defendants filed an appeal to the court below. Two noticesof appeal according to the appellants were filed by them: f…