Edidiong Eyen Deep Sea Fishing Co-operative Investment And Credit Society Limited v. Mobil Producing Nigeria Unlimited (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BALKISU BELLO ALIYU, JCA (Delivering the leading judgment)

This appeal is against the ruling of the Federal High Court of Nigeria, sitting at Uyo, Akwa Ibom State, delivered by Hon. Justice J. E. Inyang on the 24th March, 2023 in respect of a motion on notice filed by the respondent challenging the competence of the appellant suit on the ground that it is statute barred.

The suit No: FHC/UY/CS/180/2022 was filed by the appellant as the plaintiff, vide a writ of summons accompanied with a statement of claim in which it sought declaratory and injunctive reliefs as well as special and general damages against the respondent, which was the defendant at the trial court. See pages 1 – 32 of the record of appeal.

The appellants are a registered co-operative society made up of 150 persons whose business is commercial fishing and fish farming at the New Barrack fishing settlement, Mkpanak Creek in Ibeno Local Government Area of Akwa Ibom State.

By their suit at the trial court, they claimed that the respondent by its negligence caused a crude oil spill from its facility at Qua Iboe Oil field terminal in Ibeno Local Government Area of Akwa Ibom State on the 29th June, 2014, which negatively impacted fishing activities of the appellants members because the spill polluted the entire river and the adjoining creeks and swamps thereby totally paralysing their fishing operation, being their only means of livelihood.

The appellant further claimed that the crude oil spill which occurred on the 29th June, 2014 is still evident on the surface of the water because the respondent did not take steps to prevent the crude oil that had already spilled from spreading in the water which has left the spill unabated till the date of filing of the suit.

Consequently, the crude oil left floating around continued to spread and cause damage to the waters and aquatic lives in the sea thereby endangering the appellants means of livelihoods.

The appellant alleged that the failure of the respondent to remedy their fishing and economic environment occasioned a continuity of damages and/or injury to the appellants economic activities thereby affecting their economic wellbeing till date.

The respondent denied the claims of the appellant vide its statement of defence and in addition, the respondent filed a motion on notice on the 22nd November, 2022 by which it raised preliminary objection to the competence of the suit of the appellants and prayed that same be dismissed or struck out for want of jurisdiction on the following grounds:

1. The action is statute barred as the plaintiff/respondent did not commence same within the limitation period provided under section 16 of the Limitation Law of Akwa Ibom State.

Alternatively

2. The action was commenced on behalf of an alleged unknown and unidentifiable persons/entities who are neither natural persons nor corporation sole/aggregate.
3. The plaintiff/respondent purported to act for alleged unknown and unidentifiable persons who are non-juristic persons.

The application was supported by affidavit and written address of counsel. See pages 173 – 209 of the record of appeal. It made the case that the appellants having filed their suit outside the five years period prescribed by section 16 of the Limitation Law of Akwa Ibom State, the suit is statute barred, thereby robbing the trial court of jurisdiction to hear and determine it.

The appellants opposed the application by their counter affidavit and a written address filed on the 5th December, 2022 with a written address, contained in pages 189 – 209 of the record of appeal The appellants argued that for every general law there are exceptions, and their suit fall within one of the exceptions to the application of the limitation law because of the continuity of damage and/or injury they still suffer from the action of the respondent. They insisted that their suit is not caught up by the limitation law relied on by the respondent.

After considering the affidavits evidence of the parties and the originating processes, the learned trial Judge delivered the courts ruling and held that the appellants suit is statute barred, as such, the trial court lacks the jurisdiction to determine it.

He therefore dismissed the suit in limine. Aggrieved by the dismissal of their suit, the appellants filed this appeal on the 5th May, 2023 vide notice of appeal containing seven grounds of appeal, on which they relied to pray this court to set aside the ruling of the trial court and for an order of hearing of the suit on the merits by another Judge of the Federal High Court. See pages 254 – 262 of the record of this appeal. The appeal having been duly entered with the transmission of the record of appeal, the appellant filed their brief of argument, settled by K. O. Uzoukwu, esq. on the 17th July, 2023. He raised two issues for the determination of the appeal as follows: