Mrs Edna Chukwu & Ors V. Mtn Nigeria Communications Limited & Anor (2016)

LawGlobal-Hub Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an appeal by the plaintiffs (hereinafter referred to as the Appellants) against the ruling of the High Court of Enugu State delivered by Hon. Justice A. R. OZOEMENA, in Suit No. E/3/2012 which was delivered on 13/02/2013. The 1st defendant/ hereinafter referred to as the 1st RESPONDENT had raised a preliminary objection challenging the jurisdiction of the trial Court to try the suit. The trial Court upheld the objection and struck out the suit

The appellants had approached the trial Court seeking the following reliefs:
a) A declaration that the 1st defendant has wilfully and persistently polluted the three well water of the plaintiffs, the only source of their water need.
b) The sum of twelve million, seven hundred and forty thousand naira (N12,740,000) being the amount spent by the plaintiffs for water needs of each of them, at the rate of five thousand naira (N5000) each of the 28 families per week from the month of April 2010 to December 2011.
c) An order that the 2nd defendant terminate the contract entered into with the 1st defendant and that the 1st

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defendant shall mitigate the damage done on the three well water of the plaintiffs.
d) That the sum of five hundred and sixty thousand naira only (N560, 000) be paid to the plaintiffs per month at the rate of twenty thousand naira (N20, 000) for each family, from the month of January 2012 till judgment is given as a special damage for their water needs.
e) The sum of ten million naira only (N10, 000, 000) to the 1st plaintiff as damage to her health by the act of the 1st defendant.
f) The sum of Ninety Million naira (N90, 000, 000) as compensation to the plaintiffs for the damage to their only source of water by the 1st defendant.
g) A perpetual injunction restraining the 1st defendant from further pollution to the plaintiffs well water.

The 1st respondent filed the notice of preliminary objection dated 30/3/2012. The summary of the 1st respondents objection is that is a Limited Liability Company duly licensed to carry on the business of Telecommunication in Nigeria and cannot be sued in a State High Court but in the Federal High Court only.

The Court on the strength of parties addresses delivered a ruling on

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the 13th day of February, 2013 upholding the objection of the 1st respondent and declining jurisdiction in the case. Consequent upon that, the appellants being dissatisfied filed this appeal against the said ruling.

Notice of appeal was filed in this Court on 20/2/13, records transmitted on 9/4/13 and the Appellants brief was filed on 23/5/13. The reply brief filed on 12/11/13. The 1st respondents brief was filed on 3/9/13 and it was deemed filed on that day. The 2nd respondent did not defend the appeal inspite of the fact that Hearing Notices were served on him personally and all the processes were served on him personally. It was apparent that the 2nd respondent was unable or unwilling to defend the appeal.

In the appellants brief settled by F. N. Okoeze Esq. The appellant advanced the following sole issue for determination:
Whether MTN Nigeria Communication Limited is a creation of National Assembly and as such robs the High Court of a State or any other Court Jurisdiction except the Federal High Court and whether this suit is not the type that borders on nuisance, and as such gives the High Court where it is committed

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the requisite jurisdiction to entertain hear and determine.

In the respondents brief settled by O. G. Eze (Miss) the following sole issue was also presented for determination:
Whether the use of the 2nd respondents land by the 1st respondent for the sole purpose of its licensed telecommunications business and the alleged interference by the said operations with the appellants respective plots of land can be said to come within the wide ambit of Sections 136 (3) (c) (iv) and 138 of the Nigerian Telecommunications Act, 2003 and consequently divests the State High Court of the jurisdiction to entertain hear and/ or determine the case.