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CaseLaw

SPDC V. Edamkue (2009) CLR 7(f) (SC)

Judgement delivered on July 10th 2009

Brief

  • Capacities of parties in proceedings
  • Issues for determination
  • Representative capacity
  • Uncontroverted evidence

Facts

At the trial Court, there were two separate suits against the Defendant/Appellant. The first suit, was instituted by the 1st set of Plaintiffs/Respondents in Suit No. FHC/PH/84/94, while the second suit, was instituted by the 3rd set of Plaintiffs/Respondents in suit No. FHC/PH/85/94. In both suits, the claims were/are for damages each of them suffered as a result of a serious explosion and spillage of crude oil from the Appellant's Yoria Oil Field or station in the Khana Local Government Area of Ogoni land in Rivers State which occurred on the 31st July, 1994. Both suits were consolidated for trial by the Court on 12th December, 1995. After hearing and addresses of the learned Counsel for the parties, in my respectful view, the trial Court, Aina J, in a very well considered judgment (spanning from pages 618 to 730 of the Records) delivered on 28th June, 1999, entered judgment in favour of the 1st and 3rd sets of Plaintiffs/Respondents. It/he granted their respective claims. The Appellant appealed to the Court of Appeal which affirmed the said judgment of the trial Court. Dissatisfied with the judgment of the Court of Appeal, Port-Harcourt Division (hereinafter called the "Court below") delivered on 27th March. 2003 - per Akintan, JCA (as he then was), the Appellant has now, appealed to this Court.

Issues

  • 1
    Whether on the evidence before the Court in view of the fact that the...
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