DANGOTE INDUSTRIES LTD & ANOR. v. OCEAN BEACH GOLF & LEISURE RESORTS LTD. & 2 ORS.

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Facts:

Sometime in 2006, the 1st respondent acquired a large tract of land along Epe Coastal Road, Ibeju-Lekki, Lagos where it built a world-class golf resort. The 1st respondent alleged that its plan to commence operation of the Golf was jeopardized as a result of the appellants’ construction of a permanent jetty close to it. It further alleged that the appellants failed to obtain the Environmental Impact Assessment for the surrounding environment and approval from the appropriate authority for the construction. The appellants’ dredging of the Atlantic Ocean led to massive beach erosions and degradation of the 1st respondent’s Golf premises leading to colossal losses. The appellants also forcefully entered into the Golf premises. As a result, dispute arose between both parties.

Attempts to have the dispute between them amicably settled failed. Sequel to that, the 1st respondent beseeched the lower court, via a writ of summons and tabled against the appellants, the 2nd and 3rd respondents certain declaratory reliefs. The 1st respondent also filed an application for interlocutory injunction against the appellants seeking to restrain them from unlawful acts. In reaction, the appellants filed a notice of preliminary objection challenging the jurisdiction of the lower court to entertain the matter. When the suit came up on 23rd July, 2018, the lower Court directed parties to maintain status quo ante bellum pending the determination of the appellants’ notice of preliminary objection and the 1st respondent’s application for interlocutory injunction.

Dissatisfied with the ruling of the lower Court, the appellants appealed to the Court of Appeal via a 3-ground notice of appeal. In response, the 1st respondent filed its respondent brief as well as a notice of preliminary objection seeking to strike out the appeal.

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