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ALEXANDER MARINE MANAGEMENT & ORS v. KODA INTERNATIONAL LIMITED

(1998) JELR 44973 (CA)

Court of Appeal  •  CA/L/362/96  •  4 Nov 1998  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; IGNATIUS CHUKWUDI PATS ACHOLONU JCA; OKWUCHUKWU OPENE JCA;

Judgement

I. C. PATS ACHOLONU, JCA (Delivering the Leading Judgment): The question to be resolved by this court is whether the court below exercised its direction judicially and judiciously when it merely granted a stay of the exparte order made on 26/6/96 instead of discharging the order in respect of prior payment of fees made by the appellants when the ship "the Dancing Sister", was under arrest. Facts being the fountain head of law and the spring board on which analysis of legal and judicial appraisals and consideration are made and premised. I shall set down the claim of the Plaintiff Appellants.

1. The sum of US$173,450.82 tone hundred and seventy-three thousand, four hundred and fifty United States dollars, eight-two cents) being port charges unlawfully paid to and collected by the Defendants on behalf of the Nigerian Ports PLC in respect of the MV "Dancing Sister" whilst under arrest between the 7 April 1995 and 25 April 1995.

2. Interest on the said sum of US$173,450.82 (One hundred an…

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