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BRAWAL SHIPPING NIGERIA LTD V. OMETRACO INTERNATIONAL LTD

(2011) JELR 53400 (CA)

Court of Appeal  •  CA/L/121/2007  •  1 Feb 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA (Presided) HUSSEIN MUKHTAR JCA (Read the Lead Judgment) MUHAMMED DANJUMA JCA

Judgement

MUKHTAR JCA (Delivering the Lead Judgment): The appellant herein was sued at the Federal High Court (the court below) by the respondent (plaintiff) on 28 February 2003, claiming the following reliefs: “The sum of N24,050,786.00 (twenty-four million, fifty thousand, seven hundred and eighty-six naira only) being the market value of the various automobile spare parts as at the time they were stolen from the defendant’s jetty as highlighted in the annexure to the plaintiff’s letter of 3 April 2003 and interest of 21% per annum on the said sum from 18 March A 2003, when the container ought to have been cleared until judgment and 7% interest thereafter until the said sumis finally liquidated. Or Alternatively the sum of £113, 868.33 (one hundredand thirteen thousand, eight hundred and sixty-eight Euro, thirty-three cent only) being the cost of the missing items as itemized in the plaintiff’s letter of 3 April 2003 and the annexure containing the list and cost of the missing items attache…

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