MRS. ABIMBOLA AKINRIMISI V. MAERKS NIGERIA LIMITED & ANOR
(2013) JELR 36096 (SC)
Supreme Court
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SC.128/2004
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8 Mar 2013
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Nigeria
Coram
WALTER SAMUEL NKANU ONNOGHEN JSC;
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;
NWALI SYLVESTER NGWUTA JSC;
OLUKAYODE ARIWOOLA JSC;
MUSA DATTIJO MUHAMMAD JSC;
Appearances
Appellant absent and not represented For Appellant
Mr. V. O. Ogude, for the respondent/Cross-appellant. For Respondent
Judgement
<p>M. S. MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal Lagos Division delivered on 18/3/2004. The Appellant who was the plaintiff at the trial Federal High Court in her statement of claim dated 11/12/99 claimed the following reliefs:-</p><p> a. A declaration that plaintiff is entitled to the Bill of Lading in possession of the defendants and or their agents.</p><p> b. A declaration that she has effected total payment of money due on the contract and that further payment of additional money to the first and second defendants is unjustified, unwarranted, oppressive, illegal, null and void.</p><p> c. An order for the release to the plaintiff of her goods and Bill of Lading immediately without payment of any demurrage charges. </p><p> d. An order for specific performance of the contract by causing the first and second defendants to fulfill and honour same by delivery to the plaintiff of all Goods and Household effects now in the custody of fou…</p>