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BONAVISTA SHIPPING CORPORATION V. AKRONTRADE & TRANSPORTATE DE VENEZUELA C. A & ORS

(2017) JELR 37221 (CA)

Court of Appeal  •  CA/L/72/2015  •  19 Jul 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; JAMILU YAMMAMA TUKUR JCA;

Appearances
P. Amaran with him,J. I. Ajadi For Appellant Emeka Nwigwen with him, Amokaye For Respondent

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court, sitting in the Lagos Division delivered on the 17th day of December, 2014 by Aneke J. in Suit No: FHC/L/CS/1841/2014. The Appellant herein commenced action against the Respondents by a Writ of Summons and Statement of Claim dated 28th November, 2014 as contained at pages 1 - 22 of the Records of Appeal. The Appellant simultaneously filed an Exparte Application on the same date seeking for the arrest of the 4th and 5th Respondents pending the provision of satisfactory Bank Guarantee to secure the claim of the Appellant against the Respondents as contained at pages 123 -131 of the Records of Appeal. Consequently, the Lower Court granted the Appellant's Application on the 2nd day of December, 2014. The Respondents became aggrieved and therefore filed an Application dated 11th December, 2014 seeking to discharge the Exparte order of arrest and further set aside the W…

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