Septa Energy Nigeria Limited V. Okon Mathew Aweh Usungurua & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is in respect of an appeal against the interlocutory decision of the High Court of Akwa Ibom State, Eket Judicial Division delivered on the 15th October, 2014 by Obot J.

The respondents had taken out a writ of summons against the appellant at the trial Court seeking compensation for acquisition of portions of land said to belong to them on which the appellant had laid gas pipelines. On being served with the originating processes, the appellant filed a statement of defence in which it indicated that it would be objecting to the jurisdiction of the trial Court to adjudicate on the subject-matter of dispute.

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This was followed up with a formal application seeking the striking out of the suit for want of jurisdiction.

The respondents contested the application and after taking arguments from counsel, the learned trial Judge in a considered ruling delivered as aforesaid on the 15th October, 2014, decided that the subject-matter was within the jurisdiction of his Court and dismissed the said application.

Not pleased with this decision, the

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appellant invoked the appellate jurisdiction of this Court via a notice of appeal filed on the 28th October, 2014 containing one ground.

The respondents were duly served with all the necessary processes but failed to file any brief, upon which the appellant sought and was granted leave on the 25th January, 2016 that the appeal be heard on its brief alone.

Thereafter hearing of the appeal was fixed for the 3rd of March, 2016 with a directive that hearing notice be served on the respondents. Hearing notice was effected as directed but the respondents failed to appear in Court or file any brief on the said 3rd March, 2016 upon which the Court proceeded with the hearing of the appeal.

Arguing the appeal, Mr. Iwuoha adopted the appellants brief filed on the 1st July, 2015 as the arguments of the appellant in furtherance of this appeal.

Therein, the learned counsel distilled and formulated the sole issue for determination from the lone ground of appeal as:

Whether the learned trial Judge was right when she held that the claim being one for compensation, the subject matter is within the jurisdiction of the State High Court.