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CaseLaw

Mobil V. LSEPA (2002) CLR 12(d) (SC)

Judgement delivered on December 12th 2002

Brief

  • Pre action notice
  • Parties to an action
  • Reasonable cause of action
  • Jurisdiction
  • Pleadings
  • Statement of claim

Facts

By an originating summons issued in the Federal High Court on 22nd December, 1999 Mobil Producing Nigeria Unlimited, the Appellant, commenced the proceedings from which this appeal arose against

  • 1.
    Lagos State Environmental Agency;
  • 2.
    Federal Environmental Protection Agency;
  • 3.
    Minister of Environment;
  • 4.
    Various Defendants whose names were set out in a schedule to the Originating Summons and are here described as the 4th set of Defendants.

The reliefs sought by the originating summons were as follows:

  • "1.
    A Declaration that the 2nd and/or 3rd Defendant are by virtue of the Schedule 11 Part, 1, item 29 of the Constitution of the Federal Republic of Nigeria 1999 and Section 20, 21, 23 and 24 of the FEPA Act of 1988, the authorities with exclusive power to determine the liability of the Plaintiff with regard to any and all alleged damage arising out of the spill into interstate and/or territorial waters of Nigeria, including the costs of any government body, agency or third parties in the form of reparation, restoration, restitution, compensation and/or damages.
  • 2.
    A Declaration that the findings and conclusions contained in the Reports approved and/or endorsed by the 2nd and 3rd Defendants are conclusive as to the nature and/or of the environmental and/or other impact of the spill.
  • 3.
    A Declaration that the findings and conclusions of the Reports to the effect that the spill had no negative/adverse environmental and/or other impact on the ecosystem and/or human resources of Lagos State or any of the States represented by the relevant state governmental bodies or agencies, listed in 1st Schedule; and/or any of the 4th Defendants are binding on the 1st Defendant and the 4th Defendants listed in 2nd Schedule to this summons.
  • 4.
    An Order that the 1st Defendant/Respondent and the 4th Defendants, their agents, attorneys, servants, privies and/or any persons whosoever acting for, or claiming through them be restrained from:

Issues

  • 1.
    Whether the various 4th Respondents had the locus to raise and/or...
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