 |
 |
 |
The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Chevron Nigeria Limited v Nwuche and Others (CA/PH/420/2005)[2016] NGCA 101 (15 December 2016) (CA/PH/420/2005) [2016] NGCA 101 (14 December 2016); 
CL Index Jurisdiction International law Human Rights Mining Law Mining and Resources Law EL Index Supervisory Jurisdiction Jurisdiction Civil Procedure Minerals, oil and gas Minerals and energy Environmental lawThe court considered whether the State High Court had jurisdiction to entertain a matter about mines and minerals.
The court held that according to s 251(1)(n) of the Constitution as amended, the Federal High Court had jurisdiction about mining operations.
The court found that the statement of claim showed that the cause of action accrued in 1996; therefore, the law that was in existence at that time is applicable. Further, the court found that the construction, operation and maintenance of an oil pipeline by a holder of oil prospecting license is an act of mining operations. The facts of the case therefore fell within s 230(1)(0) of the 1979 Constitution. The trial court lacked jurisdiction.
The court accordingly upheld the appeal.