CORAM

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Uchechukwu Onyemenam- Justice of the Court of Appeal

Balkisu Bello Aliyu-Justice of the Court of Appeal

Hadiza Rabiu Shagari-Justice of the Court of Appeal

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PARTIES

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MOBIL PRODUCING NIG. UNLIMITED

APPELLANTS 

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KETAN OYOROKOTO FISHING CO-OPERATIVE INVESTMENT AND CREDIT SOCIETY LIMITED

RESPONDENTS 

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AREA(S) OF LAW

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CIVIL PROCEDURE, LIMITATION OF ACTIONS, PRACTICE AND PROCEDURE, STARE DECISIS, ENVIRONMENTAL LAW

 

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SUMMARY OF FACTS

The Respondent filed a suit against the Appellant claiming declaratory and injunctive reliefs, as well as special and general damages for destruction of fishing business properties due to an oil spillage that occurred on November 9, 2012. The Appellant filed a motion challenging the court’s jurisdiction, arguing that the suit was statute-barred under the Limitation Law of Akwa Ibom State. The trial court dismissed the Appellant’s motion, leading to this appeal.

 

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HELD

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The Court of Appeal dismissed the appeal and affirmed the ruling of the Federal High Court. The Court held that:

1. The trial judge correctly followed the Supreme Court’s decision in A.G. RIVERS V A.G. FEDERATION which established that limitation laws do not apply to declaratory reliefs.

2. The trial judge properly analyzed the authorities and followed the latest Supreme Court decision on the matter.

3. The English case cited by the Appellant (JELLA & ANOR V SHELL) could only be persuasive where there is no clear decision of the Nigerian Supreme Court on the issue.

4. Where there are pleadings claiming continuing injury and the reliefs sought are declaratory, the statute of limitation does not apply.

 

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ISSUES

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1. Whether the lower Court was right when it held that the suit was exempted from the application of statute of limitation on the ground that ‘most of the reliefs sought by the Respondent were declaratory action?

2. Whether the lower Court was right when it relied on the Supreme Court’s decision in A.G. RIVERS STATE V A.G. FEDERATION & ANOR in holding that the suit was not statute barred?

 

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RATIONES DECIDENDI

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NATURE OF COURT ORDERS – DISTINCTION BETWEEN INTERLOCUTORY AND FINAL ORDERS

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“One of the tests for determining whether a decision or order of Court is interlocutory or final is the effect it has on the right of the parties involved. Where the decision or order of Court made disposed the right of the parties, it will be treated as a final order regardless of whether proceedings continue on other issues.” – Per Balkisu Bello Aliyu, J.C.A.

 

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EXCEPTION TO LIMITATION LAW – DECLARATORY RELIEFS AND CONTINUING INJURY

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“The Supreme Court clearly stated that once there are pleadings claiming the injury suffered is in continuum, and the reliefs sought are declaratory then the statute of limitation does not apply.” – Per Balkisu Bello Aliyu, J.C.A.

 

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AMENDMENT OF NOTICE OF APPEAL – EFFECT OF AMENDMENT

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“It is trite that an amendment of a notice of appeal dates back to the date the appeal was filed and the amended notice of appeal supercedes the original notice of appeal.” – Per Balkisu Bello Aliyu, J.C.A.

 

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CHALLENGING JURISDICTION – RIGHT OF APPEAL AGAINST JURISDICTIONAL DECISIONS

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“By the provisions of Section 241(1)(a) of the Constitution of Nigeria, appeal is of right where the decision appealed against is a final decision, regardless of whether the grounds of appeal are of law of mixed law and facts” – Per Balkisu Bello Aliyu, J.C.A.

 

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FOREIGN JUDGMENTS – APPLICABILITY OF FOREIGN DECISIONS

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“The English case of JELLA & ANOR VS. SHELL INTERNATIONAL TRADING AND SHIPPING CO. LTD & ANOR. (supra) no doubt could be persuasive only where there is no clear decision of the Apex Court of Nigeria on the issue. Until the Apex Court adopts and approves that decision, we cannot be persuaded by it to jettison our Apex Court’s decision” – Per Balkisu Bello Aliyu, J.C.A.

 

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RAISING NEW ISSUES ON APPEAL – JURISDICTION AS EXCEPTION:

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 “It is the law that competence of a suit or an application such as in this case is a challenge to the jurisdiction of the Court to determine it and such issue of jurisdiction can be raised on appeal proceedings even where not raised at the trial Court.” – Per Balkisu Bello Aliyu, J.C.A.

 

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APPLICATION OF JUDICIAL PRECEDENTS – FOLLOWING LATEST SUPREME COURT DECISION

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“The learned trial Judge stated the correct principle of law in stare decisis doctrine and proceeded to do an excellent consideration of the authorities cited by counsel and followed the latest one of them with clear guidance.” – Per Balkisu Bello Aliyu, J.C.A.

 

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CIVIL PROCEDURE, LIMITATION OF ACTIONS

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CONTINUING DAMAGE – PLEADING REQUIREMENTS FOR CONTINUING DAMAGE: “Once there are pleadings claiming the injury suffered is in continuum, and the reliefs sought are declaratory then the statute of limitation does not apply.” – Per Balkisu Bello Aliyu, J.C.A.

 

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PRELIMINARY OBJECTION – RAISING FRESH ISSUES IN PRELIMINARY OBJECTION

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“This means the ground of this objection of failure to comply with the Federal High Court Civil Procedure Rules is a fresh issue raised in this appeal which the trial Court did not have the opportunity to pronounce on it.” – Per Balkisu Bello Aliyu, J.C.A.

 

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BINDING PRECEDENT – SUPREMACY OF NIGERIAN SUPREME COURT DECISIONS

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“Until the Apex Court adopts and approves that decision, we cannot be persuaded by it to jettison our Apex Court’s decision so clearly stated.” – Per Balkisu Bello Aliyu, J.C.A.

 

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CHARACTERIZATION OF CLAIMS – DETERMINATION OF NATURE OF RELIEFS

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“The nomenclature, usage of words or names given to a suit is not what determines the nature of the suit but rather, the motive, intention and purpose are the critical factors that ought to be considered in determining the nature of the suit.” – Per Balkisu Bello Aliyu, J.C.A.

 

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PLEADINGS IN ENVIRONMENTAL CASES – NECESSITY OF EVIDENCE ON CONTINUING DAMAGE

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“Where continuity of damages and/or injury is pleaded, evidence must be proffered before it could be determined one way or the other.” – Per Balkisu Bello Aliyu, J.C.A.

 

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DETERMINATION OF WHEN LIMITATION BEGINS TO RUN

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“Once a cause of action in tort accrues following an alleged oil spill, the limitation period immediately starts to run regardless of whether the effect of the oil spill continues in perpetuity.” – Per Balkisu Bello Aliyu, J.C.A.

 

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CASES CITED

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STATUTES REFERRED TO

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1. Constitution of the Federal Republic of Nigeria, 1999 (as amended)

2. Limitation Law of Akwa Ibom State

3. Federal High Court Civil Procedure Rules, 2019

4. Court of Appeal Rules, 2021

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