Shell Petroleum Development Company Nigeria Limited V. Elder Baribor N. Saakpa & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

T. O. AWOTOYE J.C.A (Delivering the Leading Ruling)

This is the ruling on the two applications filed by the respondents/cross appellant/applicant vide their motions on 10/5/2011.

The respondent/cross-appellants/applicants had earlier obtained judgment against the appellant/cross-respondent/respondent on 5/9/2009 in a judgment delivered by E.S. Chukwu J. of the Federal High Court at Uyo.

The appellant/respondent being dissatisfied with the judgment filed on appeal against it on 7/9/2009 and subsequently applied for stay of execution of the said judgment.

The Federal High court granted a conditional stay of execution directing the appellant to provide a corporate guarantee supported by a resolution of Board of Directors of the Appellants that the S.P.D.C. would pay immediately the judgment debt should they loose on appeal.

The appellant again applied for and was granted variation of the order of conditional stay of execution on 20/1/2011, whereby an order of unconditional stay of execution was granted.

The respondents/applicants on 10/5/2011 brought this application praying as follows:-

“1. AN ORDER OF MAREVA INJUNCTION restraining the appellant/respondent, pending the determination of this appeal, from disposing of, selling and or otherwise transferring its interests in its assets in Nigeria to any person, company, corporate body or organization, including its assets listed herein under, viz:

i. oil Mining leases and or concessions including OML4, OML11, OML13, OML17, OML18, OML20, OML21, OML22, OML23, OM L24, OML25, OML26, OML27, OML28, OM L29, OML30, OML31, OM L32, OML33, OML 34, OML35, OML36, OML38, OM L40, OML41, OML42, OML43, OML45, OM L46, OM L71, OML72, OML74, OML77, OML79 & OPL238.

ii. The appellant/respondent’s residential Estate known as and lying and situate at Shell Residential Industrial Area, Rumuobiakani, Port Harcourt, Rivers State Nigeria.

iii. The appellant/respondent’s residential Estate known as lying and situate at Shell Residential Area, Aba Road, port Harcourt, Rivers State Nigeria.

iv. Appellant/Respondent’s Export Terminal at Bonny Rivers State of Nigeria.

v. Appellant/Respondent’s Terminal at Forcados, Delta State of Nigeria.

vi. Appellant/Respondent’s Industrial and Residential Estate at Ogunu, Warri, Delta State of Nigeria.