Before Their Lordships
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
MUHAMMAD SAIFULLAH MUNTAKA-COOMASIE Justice of The Supreme Court of Nigeria
BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
Between
1. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED
2. SHELL INTERNATIONAL PETROLEUM COMPANY LIMITED
3. SHELL INTERNATIONAL EXPLORATION AND PRODUCTION BV. –Appellants
AND
1. CHIEF ISAAC OSARO AGBARA
2. CHIEF VICTOR OBARI
3. CHIEF HUMPHREY OGITI
4. CHIEF F. N. OGOSU
5. CHIEF JOHN N. OGURU
6. HON. JOSEPH OGOSU
7. CHIEF G. O. NNAH
8. CHIEF GEORGE O. OSARO
9. CHIEF ADANTA OBELLE
10. MRS. LALEOKA EJII
(for themselves and on behalf of the Ancient Omne Eh Ejuma” Stool-in-council, Chiefs, Elders, Men, Women and Children of Ejena-Ebubu in Tai Eleme Local Government Area of Rivers State.)-Respondent
…………………….A…………………….
IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of Port-Harcourt division of the Court of Appeal (court below) of 23rd October, 2013, wherein the court below struck out appellants’ appeal against the judgment of the Federal High Court (trial court) holden at Asaba, delivered on the 14th of June, 2010. Facts relevant to this appeal as contained in the records of appeal are that the respondents, herein, as plaintiffs, instituted an action against the appellants, herein, as defendants. The plaintiffs claimed damages in excess of N17 Billion Naira against the defendants arising from alleged oil spills in the course of defendants operations. The trial court entered judgment in favour of the plaintiffs and awarded a sum in excess of N17 Billion Naira as damages against the defendants. Dissatisfied with the decision of the trial court the defendants filed an appeal to the court below. Two Notices of Appeal, according to the appellants were filed by them: first Notice of Appeal was dated and filed on 14/06/2010 (it is copied at pages 1607 – 1614 of Vol 4 of the Records of Appeal). The second Notice of Appeal was dated and filed on 8/9/2010 (copied at pages 1905 – 1912 of Vol. 5 of the Records of Appeal). The two Notices of Appeal, according to the appellants, were both filed within the three months period for appealing against the ruling of the court below as of right.After assessment by the Registry of the trial court, the appellants paid a total sum of N800 00 in respect of the Notice of Appeal filed on 08/09/2010. On the 26th day of November, 2012, the appellants as applicants at the court below, filed a Motion on Notice for leave to amend their Notice of Appeal dated 8th day of September 2010 (see page 2735 of Vol. 7 of the Records of Appeal). A ruling was delivered or 3/12/2012 by the court below, granting leave to the appellants/applicants to amend their Notice of Appeal dated 8/9/2010 and that the amended Notice of Appeal was to be filed within 7 days. The appellants, pursuant to the ruling of the court below reflected above, filed their amended Notice of Appeal on the 5th day of December 2012. The appellant claimed to have paid N1000 for filing of an Amended Notice of Appeal as stipulated under the 3rd schedule of the Court of Appeal Rules (pages 2761 -2768. Vol. 7 of the Records of Appeal). Further, the appellants paid an additional amount of N4,500.00 in respect of the original Notice of Appeal although amended with leave of court. An official receipt for the said additional sum was exhibited before the lower court (page 2861, Vol. 7 of the Records of Appeal.
