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FLOGRET LIMITED & ANOR v. THE MV DONGXIN 8 & ORS

(2018) JELR 38501 (CA)

Court of Appeal  •  CA/L/384/2015  •  22 Mar 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): The suit leading to this appeal was commenced by the Appellants vide a Writ of Summons dated and filed 25th July, 2008, seeking the following reliefs:

(i) N48,831,724.80 (Forty-Eight Million, Eight Hundred and Thirty One Thousand Seven Hundred and Twenty-Four Naira Eighty Kobo) only, being the cost of the damaged cargo/settlement paid to the 1st Plaintiff by the 2nd Plaintiff, under the Insurance Policy No.64200160207500.

(ii) General damages in the sum of N2,000,000.00 (Two Million Naira).

(iii) Cost of this action

(iv) Interest on the above sum at the rate of 30% per annum from the date of issuance of Writ of Summons, until Judgment and thereafter at the prevailing bank rate until entire judgment is liquidated.

As the Appellants narrated in their Brief of Argument, on 2nd February, 2009, Counsel to the Appellants, purportedly withdrew the 1st to 5th Respondents from the suit at the trial Court. The Appellants su…

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