Mrs. Comfort Olufunmilayo Asaboro & Anor V. Pan Ocean Oil Corporation (Nig) Ltd & Anor (2005)

LawGlobal-Hub Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.C.A.

This appeal is against the judgment of Umukoro J. of the Delta State High Court, then of Oghara Judicial Division.

The appellants were the Plaintiffs and the Respondents the Defendants in the Court below.

Endorsed on the Writ of Summons dated 7th July, 1994, are the following claims:

“(1) A declaration that the Plaintiffs are entitled to the Certificate of Occupancy/Customary right of Occupancy over those pieces or parcels of land lying and situate at Oghara along Benin/Sapele Road, Ethiope West Local Government Area within the Jurisdiction of this Honourable Court, the dimension and abuttal of which are more particularly described and delineated in Pink in the Survey Plan to be filed in this action.

(2) The sum of N200,000,000.00 (Two Hundred Million Naira) damages and/or compensation for trespass, destruction of Plaintiffs rubber trees in the Plantation on the said land and extensive damage of the land by oil spillage arising from Defendants’ drilling operations on the said land.

(3) Perpetual injunction restraining the Defendants their servants, agents and/or privies from further entering into the said land or doing anything thereon which is inconsistence (sic) with the plaintiffs’ exclusive right to the land.”

Pleadings were duly filed and exchanged. The operative pleadings on which the matter was tried were the further amended Statement of claim and the amended Statement of Defence.

Concluding its reserved judgment dated 20/8/98, the Court below held, inter alia:

“Accordingly, this suit instituted by Writ of Summons on 7/7/94 and amplified by further amended Statement of Claim on 20/1/97 and deemed properly filed and served on 24/1/97 by order of Court against the defendants jointly and severally shall stand dismissed.”

Aggrieved by the judgment, the Plaintiff now appellant, appealed against same on five grounds.

In view of the issues supposedly distilled from them, I deem it appropriate to reproduce the grounds of appeal, though without particulars where applicable.

“GROUNDS OF APPEAL

1. The learned trial Judge misdirected himself in law, in holding that the period for bringing action to claim for fair and adequate compensation for damage of surface rights under the Petroleum Act Cap 350 Laws of the Federation, 1990 is twelve years as provided under the Limitation Laws of Delta State.
2. The Learned trial Judge erred in holding that the action is statute barred when the injury complained of is a continuous one.
3. The learned trial Judge erred in Law, in dismissing the action after holding that the Plaintiffs/Appellants have no locus to institute the action.
4. The learned trial Judge erred in rejecting the Valuation Report (Exhibit D) as sufficient proof of the amount stated therein as loss sustained by the Plaintiffs.
5. The judgment is against the weight of evidence.”

In compliance with the Rules of the Court, the parties by their respective Counsel, filed and exchanged briefs of argument with the appellants filing an appellant’s Reply Brief.