NOMEH OKA VS THE STATE
August 8, 2025WAHABI MUMUNI & ORS VS THE STATE
August 8, 2025Legalpedia Citation: (1975-06) Legalpedia (SC) 24069
In the Supreme Court of Nigeria
Tue Jun 24, 1975
Suit Number: SC. 42/1976
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
CHIEF A.S. AMOS
CHIEF S.J. IGONIWARI
CHIEF M.M. ATAMATA
MR M.O. EGIRANI
MR D.O. DAMIRI (For themselves as individuals and on behalf of Ogbia Community, Brass Division)
APPELLANTS
SHELL-BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA
NIGER CONSTRUCTION CO. LTD
RESPONDENTS
AREA(S) OF LAW
TORTS-NUISANCE
SUMMARY OF FACTS
The appellants as riparian owners of a navigable tidal waterway sued the respondents for trespass for unlawful damages and nuisance caused by the blockade erected by the respondents on the waterway
HELD
The court held that the appellants were not entitled to any damages because the respondents had proved that they were not trespassers but co-owners of land in the area claimed by the appellant
ISSUES
Whether the appellants were entitled to general damages under the Petroleum (Drilling and Production) Regulation 1969
RATIONES DECIDENDI
BINDNESS OF PLEADINGS
“It is enough to say, as this court has on many occasions in the past stated, that parties are bound by the triable issues raised in their pleadings and on which a judgment had been given.” Per SOWEMIMO, JSC
CASES CITED
1. ARGYLE MOTORS (BIRKENHEAD) LTD V. BIRKENHEAD CORPORATION (1973) 1 ALL E.R 866
STATUTES REFERRED TO
1. MINERALS ACT CAP 121
2. PETROLEUM DECREE NO 51/69
3. PETROLEUM (DRILLING &PRODUCTION) REGULATIONS 1969
4. LAND CLAUSES CONSOLIDATED ACT 1845
5. OIL PIPELINES ACT CAP145