E. D. TSOKWA & ORS V. ALH. MIJINYAWA & ORS

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): The Appellants commenced this suit vide a Writ of Summons and Statement of Claim dated 18th January, 2007 before the High Court of Justice of Adamawa State sitting in Yola. The Writ was subsequently amended by an Amended Writ of Summons filed on 6th July, 2009. This was followed by an Amended Statement of Claim also dated 6th July, 2009. The 2nd Plaintiff, in the original Statement of Claim was "Mobil Oil Nig. Ltd (Mobil Oil Nig. UnLtd)". Whereas, in the Amended Writ of Summons and the Amended Statement of Claim, the 2nd Plaintiff was "Mobil Producing Nig. Unlimited (Formerly Mobil Oil Nig. Ltd)".

In response to the original Statement of Claim, the Defendants filed their Statement of Defence dated 2nd February, 2009. The suit was also initially against the 1st and 2nd Respondents jointly. Thereafter, upon the application of the Appellants, the 3rd and 4th Respondents were joined as Defendants. It was in consequence of t…