Mobil Producing Nigeria Unlimited V. Lawrence Dickson Hope (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The instant appeal is fall-out of the decision of the Akwa Ibom State High Court, holden at Uyo, delivered on April 30, 2012 in suit No. HEK/137/2012. By the said decision, the Court below, coram Andrew E. Okon, J; entered judgment for the Respondent (Plaintiff) against the Appellant (Defendant).

BACKGROUND OF FACTS

The Appellant is an Unlimited Liability Company duly registered under the relevant Laws of the Federal Government of Nigeria. Having been so registered, it carries on the business of oil production et al, with its head office at Mobil House, Lekki Express Way, Victoria Island, Lagos and branches throughout the Federation, including Ibeno within the jurisdiction of the Court below.

Contrariwise, the Respondent, a titled Chief and native of Eket in Akwa Ibom State, carries on business under the name and style of Hohada Special Services at No. 1 Mkpok Road, Eket within the jurisdiction of the Court below.

?The case of the Respondent is to the effect that the Appellant trespassed unto the Respondent’s piece of land lying and situate at Usan Uku, Mkpok, in Eket

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Local Government Area. Consequent whereupon, the Respondent’s economic trees were destroyed by the Appellant for the purpose of the Airstrip thereof. By the Amended Statement of Claim thereof, dated 21/03/03, pursuant to order of Court below granted on 09/04/03, the Respondent claimed against the Appellant the following reliefs:

a. Perpetual injunction restraining the Defendant, Mobil Producing Nigeria Unlimited by Herself, Directors, Officers, Agents, Assigns or whosoever acting on her behalf from issuing bid instruction(s) and awarding contract(s) to members of the public, her contractors, or whosoever for the provision of grass cutting services or any other related service in the areas covering 1/4 perimeter fence, within bundwall of Tanks 6202; around bundwal (internal and external) concrete and Tank Bases of Tanks 5001, 5002, 5003 and 5004; North fence fire Training ground and fire water line (i.e. blocks 4, 5, 11 and 12) all at Qua Iboe Terminal, Mobil Producing Nigeria Unlimited, Qua Iboe Terminal, Ibeno, which formed the subject matter of the contract already awarded to the Plaintiff by the Defendant since 1984 and which contracts was

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to enure so long as the Defendant operates in Akwa Ibom State with periodic renewals which contracts covers an area of 3,545,639 sq. feet.

b. An order compelling the defendant to renew the contract as awarded to the plaintiff for grass cutting, weeding and weeds killing as contained in the terms of contract agreement entered into by the defendant and plaintiff.

c. Alternatively, an order compelling the defendant to pay to the plaintiff, the sum of N350 billion (Three Hundred and Fifty Billion Naira) as follows:

i. The sum of N171,935,905,200.00 (One hundred and seventy-one billion, nine hundred and thirty five million, nine hundred and five thousands, two hundred naira only) as Special damages.