Agip Nigeria Plc V. Udom Ossai & Ors (2016)

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PETER OLABISI IGE, J.C.A. 

On 30th day of July, 1998 the Respondents to the appeal herein instituted this action against the Appellant at Port Harcourt Division of the Federal High Court claiming as follows:
N15,000,000.00 (Fifteen Million Naira) special and general damages for the negligence of the Defendant on the fire outbreak of March 1998 at the Nde Ogwuma Oil well of the Defendant, situate at Oguta L.G.A, Imo State.

The matter suffered transfers from Port Harcourt Division of the said Court to Umuahia Division and eventually to Owerri Division of the Federal High Court on 27th October 2010 where the suit was given a new number FHC/OW/CS/10/2011.

At the end of trial in the suit judgment was delivered on 27th day of June 2014 by Honourable Justice F. A. Olubanjo who held:
Indeed, upon a critical examination and consideration of the evidence placed before me, I am of the view that 16 years after the fire incident caused by the Defendants negligence occurred, the Plaintiffs are entitled to their claims the value of which would have been greatly eroded due to the loss

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in purchasing power of the Naira over this period of time. See IGHRERINIOVO V. S.C.C. NIG. LTD (supra). The 1st, 2nd and 3rd Plaintiffs are each entitled to N5m (Five Million Naira) as general damages from the Defendant for losses incurred as a result of the fire incident caused by the Defendants negligence between March and April 1998. The Plaintiffs claim succeeds and judgment is for the Plaintiffs. That shall be the judgment of this Honourable Court.

The Appellant was aggrieved by the said judgment and has by her Notice of Appeal dated 27th June 2014 and filed in the Registry of the Court below on the same date, appealed to this Court contending that the judgment of the Lower Court was against the weight of evidence.

The Appellant filed an Amended Notice of Appeal dated 2nd March, 2015 on the same date in the Registry of this Court and pursuant to the order of this Court granted in that behalf on 3rd March, 2015 the Amended Notice of Appeal was deemed properly filed.

It is here relevant to say that earlier on 24th day of October, 2014 the Appellant filed Motion on Notice dated same date seeking for the following reliefs

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to wit:
1. AN ORDER OF UNCONDITIONAL STAY OF EXECUTION (whether by garnishee proceedings or by any other mode of enforcement or execution of judgment whatsoever) of the judgment of the Federal High Court, Port Harcourt Judicial Division Coram The Honourable Justice F. A. Olubanjo delivered on June 27, 2014 in Suit No. FHC/OW/CS/10/2011: Udom Ossai & 2 Ors. v. Agip (Nig.) Plc. pending the determination of this appeal.
2. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the Respondents, whether acting by themselves or their agents, servants or privies or such other persons however described acting on their behalf, from enforcing, whether by way of garnishee proceedings, even where under a different suit number from Suit No. FHC/OW/CS/10/2011: Udom Ossai & 2 Ors. v. Agip (Nig.) Plc. or howsoever otherwise, purporting to enforce, or taking any steps or action in purported enforcement of the judgment of the Federal High Court, Port Harcourt Judicial Division Coram. The Honourable Justice F. A. Olubanjo delivered on June 27, 2014 in Suit No. FHC/OW/CS/10/2011: Udom Ossai & 2 Ors. v. Agip (Nig.) Plc., pending the determination of this

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Appeal.
3. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the Respondents from taking any steps, instituting or continuing any action or settling any Court process that would impede or stultify the Applicants right to the relief(s) sought in the Notice of Appeal filed on June 27, 2014, pending the determination of the Appeal to this Honourable Court.

It is supported by Affidavit of 13 Paragraphs and with two Exhibits attached. The Respondents filed counter Affidavit of 13 Paragraphs sworn to in this Court on 4th day of December, 2014 with an Exhibit attached.