Judgment
GABRIEL OMONIYI KOLAWOLE, J.C.A. (Delivering the Leading Judgment) : This appeal is against the decision of the Federal High Court, Yenagoa Judicial Division, delivered by Honourable Justice J. E. Iyang on 7th May, 2019 in Suit No. FHC/YNG/CS/7/2018, wherein the learned trial Judge dismissed the Appellant’s preliminary objection challenging the jurisdiction of the Court to entertain the 1st to 3rd Respondents’ suit. Aggrieved by the said decision, it appealed to this Honourable Court vide a notice of appeal filed on 21st May, 2019 in which it sets out three grounds of appeal.
In compliance with the rules of this Court, the parties filed and exchanged their respective briefs of argument. Appellant’s brief of argument is dated and filed 28th April, 2020, but deemed properly filed on 20th September, 2021. In the said brief of argument, three issues were formulated for the determination of this appeal, thus: 1. “Whether the lower Court has subject matter jurisdiction over the instant suit which is simply for the recovery of a sum of money allegedly agreed by the parties? 2. Whether the lower Court was right when it held that the instant suit is not statute-barred? 3.
Whether the lower Court was right when it held that the instant suit was not an abuse of Court process notwithstanding that the parties and the subject matter in the suit are the same with that of Suit No. FHC/YNG/CS/2016 – Chief Ebikeseye Bipeledei & Ors. (representing Gbanraun Kingdom in the Southern Ijaw LGA of Bayelsa State) v. NAOC?” In the 1st to 3rd Respondents’ brief of argument dated 28th September, 2020 and filed on 30th September, 2020 but deemed properly filed on 20th September, 2021, two issues were formulated as follows: 1.
“Whether upon careful consideration of the circumstances, the lower Court was right to have held that the Federal High Court has subject matter jurisdiction over claims of compensation duly paid for oil spill damage in consonance with the requirements of the Oil Pipeline Act. 2.
Whether the lower Court was right when it held that the instant suit did not arise from a contractual transaction or claims of simple contract as same pertains to compensation for oil spill damage?” In the same vein, the 4th to 6th Respondents filed a brief of argument dated 3rd August, 2020 and filed 4th August, 2020 but deemed properly filed on 20th September, 2021. In the said brief, three similar issues to those formulated by the Appellant were distilled as follows: 1.
