Cookie Policy
A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): The amount of litigation that has taken place in this matter is reflected by the size of the record of proceedings in the courts below which has run up to 450 pages and the size of the briefs filed by each party to this appeal. The brief filed by the appellant ran up to 45 pages of the foolscap length type sheets while the brief filed by the respondents ran up to 81 pages.
The claims filed by Ekimpex Limited the plaintiff - 1st respondent in this appeal in the Federal High Court holden at Port Harcourt on the 26th day of September, 1977 as set out in the writ reads:
''The plaintiffs claim against the defendants jointly and severally is for a declaration:
1. (a) that the plaintiff is entitled to the delivery of 18,000 tons (360,000 bags) of cement now on board the ship M. V. Cindy presently moored at Bonny, a place within the jurisdiction of this Honourable Court;
(b) that the plaintiff is entitled to the delivery of 5 barges, o…