FEED AND FOOD FARMS (NIGERIA) LTD V. NIGERIAN NATIONAL PETROLEUM CORPORATION

CORAM

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JAMES OGENYI OGEBE, JUSTICE SUPREME COURT

DAHIRU MUSDAPHER, JUSTICE SUPREME COURT

GEORGE ADESOLA OGUNTADE JUSTICE SUPREME COURT

JAMES OGENYI OGEBE, JUSTICE SUPREME COURT

JAMES OGENYI OGEBE, JUSTICE SUPREME COURT

JAMES OGENYI OGEBE, JUSTICE SUPREME COURT

GEORGE ADESOLA OGUNTADE JUSTICE SUPREME COURT

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PARTIES

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FEED & FOOD FARMS (NIGERIA) LTD APPELLANTS

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 NIGERIAN NATIONAL PETROLEUM CORPORATION

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The respondent constructed oil pipelines on the appellant’s factory. The appellant sued the respondent without giving the statutory pre-action notice. The trial judge found for the appellant.

On appeal, the Court of Appeal held that the trial court lacked jurisdiction for lack of pre-action notice. Hence this appeal by the appellant.

 

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HELD

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Appeal allowed and judgment of the lower court set aside

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ISSUES

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NONE

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RATIONES DECIDENDI

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WHEN A DEFENDANT DOES NOT RAISE A SPECIAL DEFENCE

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A Civil Case at the High Court is fought on the pleadings of parties. If a Defendant does not raise a Special Defence based on facts which are known only to him, it is not the Duty of the Court to assume the function of raising such facts for him. Per OGUNTADE, JSC.

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THE RIGHT TO BE SERVED PRE-ACTION NOTICE CAN BE WAIVED

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The right to be served with a Pre-Action Notice does not fall within the category of rights which cannot be Waived. Per TOBI JSC

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CASES CITED

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1. Mobil Producing Nigeria Unlimited v. Lagos State Environmental Protection Agency(2002) 12 S.C. (Pt.1) 26; (2002) 18 NWLR (Pt.798) 1 at 36-37,

2. Graham v. Ingeleby (1848) 1 Exch.651

 

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STATUTES REFERRED TO

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1. NNPC Act

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CLICK HERE TO READ FULL JUDGMENT

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