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BRAWAL SHIPPING NIGERIA LTD V. OMETRACO INTERNATIONAL LTD

(2011) JELR 49149 (CA)

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

Coram
CLARA BATA OGUNBIYI JCA; HUSSEIN MUKHTAR JCA; MUHAMMED DANJUMA JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): The appellant herein was sued at the Federal High Court (the court below) by the respondent (plaintiff on the 28th 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 automotive 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 3rd April, 2003 and interest of 21% per annum on the said sum from the 18th day of March, 2003 when the container ought to have been cleared until judgment and 7% interest thereafter until the said sum is finally liquidated.

Or

ALTERNATIVELY the sum of Euro 113,868.33 (One Hundred and 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 3rd April, 2003 and the annexure containing the li…

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