Campagnie Generale De Geophysique (Nig) Ltd V. Prince Charles Anidi (2005)

LawGlobal-Hub Lead Judgment Report

U.M. ABBA AJI, J.C.A.

This is an appeal against the decision of Ehiwairo J, of the High Court of Delta State, Sapele, contained in the Ruling dated 8th day of July, 2002, which transferred this suit to the Federal High Court Benin, for want of the State High Court jurisdiction by virtue of Section 22(3) of the Federal High Court Act Cap 134 laws of the Federation of Nigeria, 1990.

The Respondent as Plaintiff filed this action vide Amended Writ of Summons and Statement of Claim dated 10th day of July, 1997, at the Delta State High Court Sapele, claiming for the following reliefs;-

(a) “Declaration that the plaintiff is entitled to compensation from the Defendant jointly and severally for damages to plaintiff’s cassava and trespass on plaintiff’s cassava farm by the Defendant.

(b) The sum of N350,000.00 (Three Hundred and Fifty Thousand Naira) being damages for Plaintiff’s cassava that were destroyed by the defendants three (sic) seismic operations on the land vide seismic survey Peg No. SL-1376-5412, while prospecting for crude oil on Plaintiff’s cassava farm sometime in June, 1996.

(c) The sum of N1,000,000.00 (One Million Naira) being damages for trespass on plaintiff’s cassava farm by the Defendants.

(d) Other suitable reliefs.”

Pleadings were duly filed and exchanged. Before hearing could commence, Appellant filed a Notice of Preliminary objection on 19th March, 2002, challenging the jurisdiction of the Court being a State High Court to hear the matter and asking the court to strike out the suit.

At the hearing of the objection, the Respondent conceded on the point of non jurisdiction but the court upheld the Respondent’s counsel application to transfer the matter to the Federal High Court Benin in view of the provisions of Section 22 (3) of the Federal High Court Act, Cap 134 Laws of the Federation of Nigeria, 1990. This is what the learned trial Judge said in his ruling, allowing the Respondent’s application.

“At this stage, I have not seen anything new which will make me shift position which I held in the case of Monday Ojeba vs. United Geophysical (Nigeria) Limited and Ors suit No. S/120/09, which matter is not dissimilar from the present one.

In that matter, I relied on the authorities of Mokelu vs. Federal Commissioner for Works & Housing (1976) 1 NMLR 329 and Aluminium Manufacturing (Nigeria) Limited vs. Nigeria Ports authority (1987) 2 S.C 254 which interpreted Sections 22(2) and 22(3) of the Federal High Court Act 1976 to the effect that the State High Courts could transfer a matter rightly belonging to the Federal High Court which matter was wrongly initiated” at the State High Court to the Federal High Court.

Accordingly, I hereby transfer this matter to the Federal High Court sitting at Benin City for its determination and completion.”

The Appellant being dissatisfied with the decision of the lower court has now appealed to this court by a Notice of appeal, dated 15th day of July, 2002, upon two grounds of appeal. The grounds of appeal without their particulars are:-

(1) “Learned trial Judge erred in law, when he transferred suit No. S/134/96 to the Federal High Court instead of striking it out by virtue of Section 22(3) of the Federal High Court Act.