G. G. (Nigeria) Ltd V. Collins Amaewhule (2005)

LawGlobal-Hub Lead Judgment Report

DONGBAN-MENSEM, J.C.A.

In a suit No. PHC/664/94 between Mr. Collins Amaewhule v. C.G.G. (Nig.) Ltd., the plaintiff claimed against the defendant, “the sum of N1,000,000.00 (One million naira) only being for special and general damages for the extensive damages to the plaintiff’s houses and buildings lying and situate at Eliozu village, Oro-Igwe in Obio/Akpor Local Government Area of Rivers State which resulted from the negligence of the defendant in carrying out seismic survey works and operations at Eliozu village … between the 28th of February and the 4th of March, 1993”.

Pleadings were filed and the suit proceeded to hearing up to conclusion.

At the stage of address, the learned Counsel to the defendant filed a motion challenging the jurisdiction of the trial State High Court to hear and determine the suit.

The jurisdictional competence of the trial Court was challenged upon the provisions of the Federal High Court (Amendment) Decree, 1991, which Commenced on the 26/08/93. It was the contention of the learned counsel to the defendant/appellant that the said Decree came into operation well over a month before the suit of the plaintiff/ respondent was filed.

Counsel submitted that the learned trial Judge had no jurisdiction in the suit which relates to seismic and explosive matters. Counsel urged the learned Judge to strike out the suit.

The plaintiff’s learned Counsel argued to the contrary and urged the learned trial Judge on, being of the considered view that the contents of the plaintiff’s claim placed the suit within the powers of the State High Court to determine.

In a well considered ruling, the learned trial Judge dismissed the motion and declared that the State High Court had jurisdiction to hear and determine the matter.

The defendant, hereinafter referred to as the appellant, has come before us, urging us to over-turn the decision of the trial court.

Three grounds of appeal were filed from which the appellant had formulated for him, three issues for determination. These issues are:

(i) Whether the learned trial Judge was right in inferring and holding that the filing of this suit took place before the law ousting jurisdiction through a Gazette was put in place without properly checking the true position through the writ and the gazette.

(ii) Whether the State High Court can assume jurisdiction in this suit, even if the cause of action arose and/or the suit is filed before the commencement of the Decrees.

(iii) Whether the Port Harcourt High Court, being a State High Court, has jurisdiction to try this suit.

The plaintiff, herein after referred to as the respondent, formulated a sole issue from the three grounds of appeal.