THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. SIRPI-ALUSTEEL CONSTRUCTION LIMITED

GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice Obie Daniel Kalio of High Court of Rivers State, Port Harcourt dated 6/5/2006 in suit No. PHC/1289/2004, holding that he had no jurisdiction to hear and determine the plaintiff's (now appellant) suit.

The appellant instituted an action in the Rivers State High Court sitting at Port Harcourt claiming against the respondent, damages for breach of contract awarded the respondent on 20/11/2001 to rehabilitate four crude oil storage tanks at Ughelli in Delta State and an injunction to restrain the respondent from interfering in any manner whatsoever with the completion of the contract by another person.

It is the appellant's case that the respondent having been aware of the institution of the suit, they proceeded to the Federal High Court in Benin City, Edo State and filed cross-action on 7/8/2004 with an ex parte motion for an order of injunction restraining the appellant from re-award…