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APM TERMINALS LIMITED & ANOR v. CLEMENT OKONKWO

(2017) JELR 38089 (CA)

Court of Appeal  •  CA/L/289/2010  •  3 Mar 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal from the Ruling of the High Court of Justice of Lagos State (the Court below) challenging the overruling of the appellants' preliminary objection to the jurisdiction of the Court below to entertain the respondent's claim for general and special damages for breach of contract arising from charges of demurrage on a container which was discharged from the carrying vessel into the 1st appellant's terminal.

Briefly, the respondent sued the appellants at the Court below for a declaration that the appellant had breached the contract for warehousing of goods in a container at 1st appellant's terminal in Apapa, Lagos and claimed N1,324,000.00 as special and general damages for the alleged breach of contract.

The appellants, upon service of the originating process on them, filed a preliminary objection challenging the jurisdiction of the Court below to entertain the action on the ground that the acti…

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