Dispute Over OMLs 123, 124, 126, 137: Kaztec Engineering Takes Case to Appeal Court
A recent legal dispute has resulted in indigenous oil and gas engineering company, Kaztec Engineering Limited, lodging an appeal with the Abuja Division of the Court of Appeal. The company aims to overturn a ruling made by Justice Nkeonye Evelyn Maha of the Federal High Court Abuja, which dismissed a lawsuit against the Ministry of Petroleum Resources and other entities concerning Oil Mining Leases (OMLs) 123, 124, 126, and 137.
On December 15, 2023, Justice Maha dismissed the lawsuit filed by Kaztec Engineering Limited, citing the absence of a necessary party, Salvic Petroleum Resources Ltd. Undeterred, Kaztec Engineering Limited, represented by a legal team led by Jeph C. Njikonye, SAN, has now submitted a Notice of Appeal to set aside the earlier ruling and proceed with their claims.
The appeal maintains that the trial court erred in dismissing the suit due to the absence of Salvic Petroleum Resources Ltd. According to the appellant, the joint award of the disputed OMLs to both Kaztec Engineering Limited and Salvic Petroleum Resources Ltd. was clearly defined for equity participation. Additionally, the appellant argues that the failure to produce documentation of payment of a signature bonus did not render the court incompetent to hear the case.
The legal team is seeking the appellate court to invoke Sections 15 and 16 of the Court of Appeal Act and assume jurisdiction to consider the amended originating summons and resolve the issues endorsed on the amended originating summons filed in March 2023.
Kaztec Engineering Limited asserts that they have a valid cause of action against the respondents and that the matter submitted to the lower court was for the interpretation of relevant provisions of the Petroleum Act and a determination on the award of the OMLs to the appellant.
The outcome of the appeal will have significant implications, as the appeal will act as a stay of further action on the subject matter until a final decision is reached.
The case serves as a reminder of the intricate legal issues that can arise in the oil and gas industry, and the importance of thorough legal representation in navigating such matters. The outcome of this appeal will likely be closely monitored by the industry and legal professionals alike.
