Kaztec Engineering Appeals Federal High Court Judgment on OMLs 123, 124, 126, 137
Kaztec Engineering Limited, an indigenous oil and gas engineering firm, has lodged an appeal with the Abuja Division of the Court of Appeal in an effort to reverse a judgment that dismissed its lawsuit concerning Oil Mining Leases (OMLs) 123, 124, 126, and 137. The original lawsuit was filed against the Ministry of Petroleum Resources and four other entities.
The ruling, issued on December 15, 2023, by Justice Nkeonye Evelyn Maha of the Federal High Court Abuja prompted Kaztec Engineering’s decision to appeal to the Court of Appeal. The company seeks to overturn the decision and proceed with its claims.
Jeph C. Njikonye, leading the legal team, filed a Notice of Appeal outlining the grounds for the challenge to the original ruling. The team argues that the trial court erred in its decision to dismiss the lawsuit, particularly in relation to the non-joinder of Salvic Petroleum Resources Ltd, and the production of documents evidencing payment of signature bonus.
Njikonye has urged the appellate court to invoke Sections 15 and 16 of the Court of Appeal Act to assume jurisdiction and address the issues raised by Kaztec Engineering. The legal team maintains that the appellant had a distinct cause of action against the respondents and thus should be allowed to seek the reliefs sought in their lawsuit.
The legal team also disputes the trial court’s reliance on the non-production of documents as a reason to declare the suit incompetent, arguing that the lower court had already affirmed the appellant’s reasonable cause of action.
Another crucial argument put forth by the legal team is that there is no provision in the Petroleum Act, any other law, or the Constitution of Nigeria that makes payment of a signature bonus a condition precedent for commencing a suit of this nature.
The Court of Appeal is yet to issue a ruling on the appeal entered by Kaztec Engineering, but until a decision is made, further action on the OMLs in question will be placed on hold.
The appeal lodged by Kaztec Engineering represents the continuation of a complex legal battle involving significant energy resources in Nigeria. As the case moves through the appellate process, the company remains committed to pursuing its claims and seeking a favourable outcome.
