judy.legal
Login Register
📄 PDF

BAKER MARINE NIG LTD V. CHEVRON NIG LTD

(2006) JELR 37383 (SC)

Supreme Court  •  SC.374/2001  •  9 Jun 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; UMARU ATU KALGO JSC; ALOMA MARIAM MUKHTAR JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC;

Appearances
O. Ayanlaja, Esqr. (SAN) (with him, Adekunle Obebe, Esqr.) For Appellant Chief A.O. Soetan, (with him, Oluwatoyin Adenugba, Esqr.) For Respondent

Judgement

OGBUAGU, J.S.C. (Delivering the Leading Judgment): The dispute between the parties was submitted to an Arbitral Tribunal. Consequent upon the reference pursuant to exhibit 7- Jackup Barge Contract No. LGST - 92 - 03, the parties filed and exchanged their pleadings. The appellant further amended its statement of claim and in its claim or relief No. IV appearing at page 66 of the records, it appears as follows:

"(iv) (U.S. $10,000.00 (Ten million U.S. dollars)) as aggravated damages for conspiracy with the claimant's Joint Service Partner to breach the Jack-Up Barge Contract No. LGST. 92 .03 as renewed, to the economic injury of the claimant"

On the completion of the trial, the Tribunal in its decision on 14th March, 1996 and titled Arbitral Award spanning from pages 90-160 of the records, recognized that the appellant was only entitled to nominal damages for the breach of contract identified, but in the end, awarded a lump sum for both the breach and the tort of negligence. The respon…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login