Shell Petroleum Development Company Of Nigeria Limited V. Registrar Of Business Premises Abia State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the High Court of Abia State in suit No.HUK/51M/2008, delivered on 14/5/2009 by Hon. Justice C. O. Onyeabo, wherein the trial Court dismissed the preliminary objection raised by the Appellant at the Court below that the suit disclosed no cause of action.

The plaintiff (Appellant herein) had on 2/10/08 filed an ex-parte application seeking an order of mandamus compelling the Respondent to register its (Appellant’s) 100 Oil wells, comprising four flows stations, situate at Ukwa East Local Government Abia State.

The exparte application was granted, for the Appellant to apply for the said order of mandamus. Upon the Respondent being served with the Court processes, he filed a notice of preliminary objection dated 27/10/2008, challenging the jurisdiction of the court to entertain the suit on the following grounds:

(1) The suit was not properly constituted as applicant was not a juristic person.

(2) Abia State had no legislative or executive authority over the subject matter of the suit which concerned and related to oil fields and oil wells.

(3) Jurisdiction over mines and minerals (including oilfields, oil mining geological surveys and natural gas) belonged exclusively to the National Assembly and Federal High Court.

(4) The suit disclosed no cause of action, adopted a wrong approach, was frivolous and vexatious in the circumstance and

(5) In the light of the above, the suit was improperly constituted, unmaintainable in law and ought to be dismissed.

In the suit the Respondent, who came by way of originating summons, sought the following reliefs:

(1) By Sections 2(1) and 6(1)(2) of the Laws of Abia State, Vol. 1, 1991 to 1997, the Applicant is empowered to register all business premises as defined in the said law.

(2) By the said sections it is mandatory for the Applicant (sic) to register her flow stations and oil wells with the Applicant

(3) The Registration of Business Premises is for purposes of proper planning and

(4) The Respondent failed or neglected to comply with the said sections 2(1) and 6(1) as required, for which reason the Applicant served demand notices on the Respondent, yet the Respondent has refused to effect the registration.