Chevron Nigeria Limited & Anor V. Kehinde Omoregha & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MUSA MOHAMMED SAULAWA, J.C.A.(Delivering The Leading Judgment)

The present appeal is against the Judgment of the Federal High Court, Asaba Judicial Division, Delta State, delivered on March 7, 2011 in Suit No. FHC/ASB/CS/120/96. By the said decision, the Lower Court Coram I. N. Buba, J; entered Judgment in favour of the Respondents (Plaintiffs) against the Appellants (Defendants).

BACKGROUND FACTS:

By the Amended Statement of Claim thereof dated 06/12/05 but filed on 07/12/05 in the court below, the Respondents claimed the sum of N10,000,000.00 for damages to their fishing nets allegedly arising from the Appellants’ negligence.

Pleadings were filed and served by the respective parties. Eventually, the Suit proceeded to trial. At the conclusion of which, the Lower Court delivered the vexed Judgment to the following conclusive effect:

Therefore, it is my findings that the Plaintiffs proved negligence but failed to prove special damages Consequently, Judgment be and is hereby entered for the Plaintiff (sic) against the Defendant (sic) on the head of general damages which I assess and award at N5 Million as same is not exaggerated and having regard to the length of time this case took and value of naira since 1996.

For the avoidance of doubt the Defendants be and are hereby ordered to pay the Plaintiff (sic) the sum of N5 Million Naira as damages for the damage done to them by negligently piloting their tug boat. This is the Judgment of this court.

HON. JUSTICE I. N. BUBA

07/03/11

Consequent upon the said Judgment, the Appellants filed a notice of appeal in the court below on 21/3/11. The Record of Appeal was deemed properly compiled and transmitted to this court on 26/02/14. The Appellants’ brief of argument was filed on 03/3/14, within the statutory time limit. The Respondents’ brief was filed on 17/6/14. When the appeal lastly came up on 27/01/15 for hearing, the learned counsel adopted their argument contained in the respective briefs thereof, thus resulting in reserving the Judgment for dezrlivery.

The Appellants’ brief spans a total of 19 pages. At pages 2 & 3 of the said brief, five issues have been raised for determination:

ISSUE I:

Whether the trial court was right in arbitrarily awarding to the Respondents the sum of N5, 000,000.00 (Five Million Naira) only and cost of N75, 000,000.00 (Seventy Five Million Naira) for the alleged destruction of Respondents’ fishing net having held that the Respondents did not lead any cogent, and strong evidence to establish their case. (Ground 1 of the Appeal).

ISSUE II: