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CaseLaw

Global West Vessel Specialist (Nig) Ltd V. NLNG (2017) CLR 1(f) (SC)

Judgement delivered on January 20th 2017

Brief

  • Proper and necessary party to a suit – Who is
  • Court of Appeal Jurisdiction – Nature of
  • Appeal as of right from the High Court or Federal High Court to the Court of Appeal – Nature of
  • Leave to Appeal – When required
  • Ground of law; a ground of mixed law and fact and a ground of fact – Distinction between
  • Ground of appeal raising question of mixed law and fact - Whether leave of court required
  • Ground of appeal – Whether labelling as a particular type make it so
  • Ground of appeal – Guiding principles in determining whether a ground of appeal is that of law, fact(s) or mixed law and facts.
  • Section 242(1) of the 1999 Constitution (as amended)
  • Section 241 of the 1999 Constitution (as amended)
  • Section 241(1) of the 1999 Constitution (as amended)
  • Section 240 of the 1999 Constitution
  • Section 53(2) of the NIMASA Act
  • Section 14 of the Court of Appeal Act
  • Section 22 of the Supreme Court Act 2004
  • Section 36(6) (a) of the 1999 Constitution (as amended)
  • Section 36(6) (e) of the 1999 Constitution (as amended)
  • Section 33(7) of the 1979 Constitution
  • Section 213 of the Administration of Criminal Justice Law No. 10 of 2007

Facts

This is an appeal against the judgment of the Court of Appeal, Lagos Division, delivered on 11th August 2014 in Appeal No. CA/L/849B/2013 wherein the appeal was, inter alia, struck-out.

The facts of this case are as follows: The 1st respondent was the plaintiff at the trial Court. It had commenced an action by an originating Summons before the Federal High Court in suit No.FHC/C/L/CS/847/2013. The said Summons was filed along with an affidavit dated 17th June, 2013 against the 2nd respondent and the appellant(hereinafter referred to as AGF) and Global West respectively, as the 1st and 2nd defendants. The Plaintiff had then sought the Interpretation of the followings:

  • 1.
    Nigeria LNG Act;
  • 2.
    The Nigerian Maritime Administration and Safety Agency (NIMASA) Act;
  • 3.
    The Coastal and Inland Shipping (Cabotage) Act, Cap. C51 LFN, 2004;
  • 4.
    The Marine Environmental (Sea Protection Levy) Regulations, 2012 and;
  • 5.
    The Merchant Shipping (Ship Generated Marine Waste Reception Facilities) Regulations, 2012.

The plaintiff also challenged the blockage of its vessels and the prevention of same from accessing the Bonny Channel by a vessel with men in Military uniform on board, identified as representatives of Global West etc.

The plaintiff further filed a Motion exparte along with a Notice of Motion dated 17th June 2013 seeking various interim and interlocutory injunctive reliefs respectively against the Federal Government of Nigeria and its agents and Global West. The trial Court on 18th June 2013 granted all the interim reliefs sought.

The 2nd defendant - Global West filed a Notice of Preliminary Objection dated 4th June, 2013, challenging the jurisdiction of the trial Court to entertain the suit on grounds of misjoinder and non-joinder of a necessary party and consequently sought an order of the trial Court to strike out the suit for lack of jurisdiction and or strike out its name from the suit for mis joinder. Global West also filed an application praying the trial Court to discharge the order of interim injunction earlier made against it.

The trial Court on Friday 12th July 2013 dismissed the 2nd defendant's Preliminary Objection together with the application seeking to discharge the Order of interim injunction granted against it. 2nd defendant was dissatisfied with the ruling of the trial Federal High Court, hence it appealed by the Notice of Appeal dated 23rd July 2013 to the Court below.

By a notice of Preliminary Objection, dated 28th March 2014, the plaintiff now 1st respondent objected to the competence of the aforementioned Notice of Appeal on the grounds, inter-alia, that - leave of the trial Court or of the Court below was not sought and obtained before the said Notice of Appeal was filed in accordance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

On 18th June 2014, the Court below heard the substantive appeal along with arguments on the Preliminary Objection and in its considered judgment delivered on 11th August upheld the said objection to the effect that the Notice of Appeal filed by the appellant was incompetent having been filed without leave of either the trial Court or of the Court below. The Court below consequently struck out the Notice of Appeal and thereby affirmed the ruling of the trial Court.

Further dissatisfied with the judgment of the Court below, led to the instant appeal.

Issues

  • 1.
    "Whether the Court of Appeal, Lagos Division was right in holding that the...
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