Kaztec Engineering Limited, an indigenous oil and gas engineering company, has lodged an appeal with the Abuja Division of the Court of Appeal, contesting the judgment of Justice Nkeonye Evelyn Maha of the Federal High Court Abuja. The lower court had struck out He’s suit against the Ministry of Petroleum Resources and others regarding Oil Mining Leases (OMLs) 123, 124, 126, and 137.
In its Notice of Appeal filed by a legal team led by Jeph C. Njikonye, SAN, Kaztec Engineering Limited seeks to set aside the entire decision striking out its suit. The company urges the appellate court to assume jurisdiction and determine its 2nd Amended Originating Summons, challenging the decision of the trial court.
He argues that the lower court erred in law by striking out its suit due to the non-joinder of Salvic Petroleum Resources Ltd. The appellant asserts that non-joinder should not defeat the cause of action, emphasizing that the joint award of the disputed OMLs to Kaztec and Salvic Petroleum Resources Ltd. was delineated on equity participation.
Furthermore, Kaztec contends that the trial court wrongly held that the non-production of documents evidencing payment of a signature bonus rendered it incompetent to entertain the suit. The appellant argues that the lower court had already affirmed its reasonable cause of action against the respondents.
Jeph C. Njikonye argues that Kaztec had the locus standi to commence the action in its personal capacity, and the non-joinder of Salvic Petroleum Resources Ltd. should not have defeated the cause of action. The matter before the lower court sought the interpretation of relevant sections of the Petroleum Act and a determination that the review of the award of the OMLs to Kaztec was wrongful.
In summary, the appeal by Kaztec Engineering Ltd serves as a stay of further action on the subject matter until the Court of Appeal makes a final determination. The case underscores the complexities surrounding oil and gas disputes in Nigeria’s legal landscape. Stay tuned to Findwhosabi Legal for updates on this developing legal matter.
