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THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED v. MR. R. T. OGOLO & ORS

(2016) JELR 33280 (CA)

Court of Appeal  •  CA/OW/240/2013  •  23 Mar 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading 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 Nigeria 1999 (as Amended) with regards to a claim, on the one hand whose subject matter the Appellant has insisted is grounded in negligence and damages on the Respondent's properties; Farm House and Farm Animals and on the other hand, one whose subject matter the Respondent did not dispute, but had insisted the cause of action arose in 1996 long before the commencement of the 1999 Constitution (as amended) and particularly Section 251(1) of the said Constitution. The issue of proper evaluation of documentary evidence and as well the consideration of the tort of negligence and the question of damages were also dealt with.

In suit number FHC/UM/CS/74/2004 filed at the Federal High Court, sitting at Umuahia, Abia State of Nigeria,…

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