Prince E. O. Fregene & Ors. V. Chevron Nigeria Limited (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the Delta state High court presided over by Ohwo F. O. where he concluded after hearing arguments of both the Appellants and Respondent thus:

“A court of law must scrupulously examine the wordings of the relief or reliefs sought in an action in order not to go outside the enabling laws in search for jurisdiction. Jurisdiction is a hard matter of law which is donated by the constitution and the statute establishing the court. Where plaintiffs purposely try to avoid to avoid a particular court by cleverly wording their reliefs to appear to confer jurisdiction on a court where the court actually has no jurisdiction the court shall decline jurisdiction to hear the cause or matter.

In the final result, I am in agreement with learned counsel for the Defendant that the issues arising from the averments in the statement of claim of the plaintiffs fall within the exclusive jurisdiction of the Federal High court. This suit is accordingly hereby struck out and I make no order as to costs”.

The appellant being dissatisfied by a Notice of Appeal dated 5/4/10 appealed to this court.

The fact of the case in the court below are that

The Appellant for themselves and on behalf of the Fregene Family of Arun-Owun sued the Defendant for N100,000.00 (One Hundred Million Naira) damages for trespass in respect of the Family land of Arun-Owun when sometimes in 1998 the Defendant broke and entered upon the said land and planted several oil wells and dug canals intending to erect Tank farms thereon after clearing some of plaintiff’s Economic trees and crops, without the consent of the Appellants first sought and obtained.

The Appellants further claimed for injunction Perpetual restraining the Respondent from further or continuing the said trespass. However, an alternative claim for the sum of N100,000.00 (one Hundred Million Naira) as compensation was also claimed. See the Writ of Summon of Claim pages.

See the Writ of summons at pages 1-2 of the Records as well as paragraph 17 of the Statement of claim page 5 of the Records of Proceedings.

By a Motion on Notice dated 3rd February 2006 but filed in court on 17/2/2006, the Respondent raised the question of the jurisdiction of the Lower court to entertain the suit. The Respondent had however earlier filed its Statement of Defence before raising this preliminary objection by way of motion. The motion raising this preliminary objection together with affidavit contained on pages 7 to 9 of the Records of Proceedings.

On 28/2/06 the learned trial judge received arguments on jurisdiction of the Court from both counsel and adjourned the Ruling to 8/3/06. The Ruling was indeed delivered that 8/3/06 striking out the appellants’ claim whilst Declining jurisdiction in the following words:-

“The trespass or interference or infringement on which Plaintiffs action is based are matters relating to or arising from mines and minerals including oilfield and oil mining. By the combined effect of section 257 (i) (n) of the 1999 constitution and section 7 (i)(p) of the Federal High Court (Amendment) Decree 1991 now an Act of the National Assembly, Civil Causes and Matters in any form or any degree arising from, or connected with or pertaining to mines and minerals, oil mining, geological surveys and Natural gas have been placed within the exclusive jurisdiction of the Federal High Court thereby ousting the jurisdiction of the State High Court.

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