The Shell Petroleum Development Company Of Nigeria Limited & Ors V. Chief Isaac Asaro Agbara & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C.

The appellants/applicants filed this application on 16 July, 2018 seeking the following reliefs:-

1. AN ORDER of this Honorable Court granting extension of time to the appellants/applicants to seek leave to appeal to this Honorable Court on grounds other than grounds of law, against the decision of the lower Court in appeal No. CA/PH/396/2012 between the Shell Petroleum Development Company of Nigeria Limited & Ors v. Chief Isaac Osaro Agbara & Ors delivered on 6th June, 2017, coram A. A. B. Gumel, I. O. Akeju and C. I. Jombo -Ofo JJCA.
2. AN ORDER of this Honourable Court granting the appellants/applicants leave to appeal to this Honourable Court on grounds other than grounds of law, against the decision of the lower Court in appeal No. CA/PH/396/2012, between the Shell Petroleum Development Company of Nigeria Limited & Ors v. Chief Isaac Osaro Agbara & Ors. delivered on 6th June, 2017, coram A. A. B. Gumel, I. O. Akeju and C. I. Jombo-Ofo JJCA
3. AN ORDER of this Honourable Court granting the

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appellants/applicants an extension of time within which to appeal to this Honourable Court on grounds other than grounds of law, against the decision of the lower Court in appeal No. CA/PH/396/ 2012 between the Shell Petroleum Development Company of Nigeria Limited & Ors v. Chief Isaac Osaro Aqbara & Ors delivered on 6th June, 2017 coram A. A. B. Gumel, I. O. Akeju and C. I. Jombo- Ofo JJCA.

4. AN ORDER of this Honourable Court granting leave to the appellants/applicants to amend their notice and grounds of appeal dated 15th June, 2017 and filed on 16th June, 2017 against the judgement of the lower Court in appeal No. CA/PH/396/ 2012, between the Shell Petroleum Development Company of Nigeria Limited & Ors. V. Chief Isaac Osaro Agbara & Ors. delivered on 6th June, 2017, coram A. A. B. Gumel, I. O. Akeju and C. I. Jombo- Ofo JJCA in terms of Exhibit I attached to the affidavit in support of this motion.
5. AN ORDER of this Honourable Court granting leave to the appellants/applicants to raise fresh issue of law, jurisdiction and constitutional right to fair hearing as per Grounds 18, 20 and 23 of Exhibit 1 for the first time before this Honourable Court.

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AN ORDER of this Honourable Court deeming the already filed and served amended notice of appeal dated 16th July 2018 (which also incorporates additional grounds of appeal) as per Exhibit 1 attached to the affidavit in support of this motion as having been properly filed and served the appropriate filing fees having been paid.

7. AN ORDER of this Honourable Court granting leave to the appellants/applicants to file and argue the grounds stated in the amended notice of appeal dated 16th July, 2018 in this appeal in the appellants’ brief of argument dated 16th July 2018.
8. AN ORDER of this Honourable Court granting leave to the appellants to amend the appellants’ brief dated 20/11/2017.
9. AN ORDER of this Honourable Court deeming the already filed and served appellants’ brief of argument dated 16th July, 2018 (premised on and which incorporates arguments on the grounds stated in the amended notice of appeal in Exhibit 1) as having been properly filed and served, the appropriate filing fees having been paid.
10. AND for such further order or orders as this Honourable Court may deem fit to make in the circumstances.

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The grounds for making the application are:-

(i) On 6th June, 2017, the Court of Appeal (the lower Court) in appeal No. CA/PH/396/ 2012 between the Shell Petroleum Development Company of Nigeria Limited & Ors v. Chief Isaac Osaro Agbara & Ors gave judgement dismissing the appellants’ appeal and affirming the judgement of the trial Court without a consideration of the merits thereof on the ground that the appellants’ amended brief of argument was incompetent.

(ii) Further to (i) above the appellants filed a notice of appeal within 10 days on 16th June, 2017 containing 6 grounds of appeal.

(iii) Records of appeal were promptly transmitted within time.

(iv) After transmission of records, the law firm of Wole Olanipekun & Co. was briefed to lead the prosecution of the appellants’ appeal.

(v) Further to (iv) above and upon review of the records of proceedings transmitted from the lower Court, the appellants’ counsel are of the opinion that there is a need to amend the appellants’ notice of appeal in order to bring up salient issues before this Honourable Court for an effectual, just and effective determination.

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