Pan Ocean Oil Corporation Nigeria Limited V. MR Sunny Mene-okotie (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The present appeal is against the judgment of the Federal High Court, holden at Asaba, delivered on June 29, 2012 in Suit No.FHC/ASB/CS/52/2010. By the judgment in question, the court below, coram I.N. Buba, J; granted all the reliefs sought by the Respondent against the Appellant.

BACKGROUND FACTS:

Both parties are ad idem, regarding the fact that the genesis of the instant appeal dates back to May 19, 2010. That was indeed the day the Respondent filed in the court below the said suit, vide a writ of summons, and statement of claim, claiming against the Appellant the following reliefs:

“(a) The sum N75,194,886.13 (Seventy Five Million, One Hundred and Ninety Four Thousand, Eight Hundred and Eighty Six Naira, Thirteen Kobo) as special and general damages due and payable as compensation in accordance with the provision of the Oil Pipeline Act 1990, for the acquisition of Plaintiffs’ land for the construction of Oil Pipeline at Ifole, new Mosogar together with an access way to link same, large scale destruction of economic trees, desecration of ancestral shrines and burial grounds, and for the renewal of expired lease.

(b) A declaration that the Plaintiff is the proper person entitled to claim from the Defendant all money(s) due and payable as compensation for the braxen act of trespass on part of the said land i.e. by destroying economic trees and desecrating ancestral shrines and burial grounds, altering the nature and character of the land by way of construction, maintenance and operations of an Oil Pipeline across same and same as well as maintaining an Oil Pipeline access way (Panaco Road) to link the said Pipeline and the Benin/Sapele highway without the consent, concurrence and authority of the Plaintiff which piece of land are in possession of the Plaintiff in exercise of the Defendant’s right under and by virtue of Oil Prospecting, Oil exploration and Oil exploitation Licenses granted to the Defendant.

(c) An order of permanent injunction restraining the Defendant, it’s servant and or agents from having any dealing whatsoever for the purpose of paying any sum of money as compensation or giving out any benefit whatsoever in respect of it’s activities i.e. construction, maintenance and operation of an Oil Pipeline together with an Oil Pipeline access way within Plaintiffs’ Area of Delta State, to any false claimant of Mosogar Community or to any person whatsoever other than the Plaintiffs.”

Pleadings were filed and exchanged by the respective parties. Eventually, the suit proceeded to trial. A total of three witnesses testified as PW1, PW2 & PW3 for the Respondent. The Respondent himself did testify on 28/03/12 as PW4, and tendered various documents as exhibits. On the part thereof, the Appellant called one witness, Michael Odigue, who testified as DW1.

The trial having come to an end, the parties’ learned counsel filed their respective written addresses. Consequent upon which the Lower Court proceeded to deliver the vexed Judgment, to the following conclusive effect:

“this court has no doubt in the circumstance of this case that the plaintiff has on preponderance of evidence or balance of probabilities proved its case against the defendant, therefore this court holds:

a. That the plaintiff’s case is not statute barred.

b. That this court has exclusive jurisdiction to entertain this suit.

c. That the plaintiff has fully discharged the evidential burden on him to entitle him to all the reliefs he is claiming in this suit.

Accordingly, judgment be and is hereby entered for the plaintiff in the following terms: