Shell Petroleum Development Company Nigeria Limited & Anor V. Mr. John Alla & Ors (2013)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment)
The appellants herein are appealing against the decision of the Federal High Court sitting in Yenagoa (hereinafter to be referred to as the trial/lower Court), presided over by Hon. Justice C. E. Archibong J., delivered on 16th January, 2013, in suit No. FHC/YNG/CS/19/2011.
The respondents who at the lower Court were the plaintiffs took out a specially endorsed writ of summons on 12th April, 2011 against the appellants being defendants thereat. In their statement of claim dated 12th April, 2011, particularly at paragraph 15 thereof, the respondents had sought thus against the appellants:
- The plaintiffs desire to recover all that is due to them as a host community in the Shell EA Field. Wherefore the plaintiffs claim against the defendants as follows:
- A DECLARATION that the plaintiffs (sic) community is an autonomous community duly registered with the Bayelsa State Government and is entitled to all the benefits, rights and privileges enjoyed by the Shell EA Field host communities.
- AN ORDER directing the defendants to pay the sum
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of ten million naira per annum to the plaintiffs (sic) community as money due to the plaintiffs (sic) community from the intelligence surveillance services contract from the year 2004 till the determination of this suit.
- AN ORDER directing the defendants to employ a Community Liaison Officer to act as the link between the plaintiffs (sic) community and the defendants.
- N10, 000,000.00 (Ten Million Naira) only being damages for the embarrassment and scorn suffered by the plaintiffs as a result of the and (sic) defendants (sic) actions in this case.
Upon service of the processes on the appellants, they filed a Notice of Preliminary Objection dated 2nd March, 2012 and filed 6th March, 2012 seeking a dismissal and/or striking out of the plaintiffs? suit for being incompetent. (See pages 18 ? 19 of the record of appeal). The parties filed and exchanged written addresses. In a considered ruling delivered 16th January, 2013, the learned trial Judge overruled the objection and assumed jurisdiction to hear and determine the respondents? action. Aggrieved by this ruling, the appellants filed their Notice of appeal on 5th
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July, 2013 pursuant to the leave of this Court regularizing same on 2nd July, 2013. (See pages 28 ? 31 of the record of appeal).
In compliance with the rules and practice of this Court the parties filed and exchanged briefs of argument. The appellants? brief of argument dated and filed 9th June, 2016 but deemed properly filed and served on 4th December, 2017 as well as the appellants? reply brief dated and filed 17th October, 2016 and equally deemed properly filed and served on 4th December, 2017 were each settled by Jim E. Okodaso, Esq. The respondents? brief of argument dated 22nd July, 2016, filed 3rd August, 2016 and deemed properly filed and served on 4th December, 2017 was settled by Olu Ojujoh, Esq.
The appellants from their 2 grounds of appeal formulated the following sole issue for determination of the appeal:
Whether the trial Court was right in its interpretation of the decision of the Supreme Court in NKUMA vs. ODILI & ORS. (2006) All FWLR (PT. 313) 24 as it applies to the plaintiffs? (respondents) averred facts and thereby came to a right decision when it held that it had jurisdiction to hear and determine
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the plaintiffs? claim as constituted?
The respondents on their part donated the following sole issue as apt for determination of the appeal:
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