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(2021) JELR 109411 (CA)

Court of Appeal  •  CA/L/570/2018  •  1 Mar 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Peter Olabisi Ige, JCA Abubakar Sadiq Umar, JCA


ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Lagos (“the lower Court” or “the trial Court”) delivered on the 15th day of December 2016 coram J.T Tsoho J. in Suit No: FHC/L/CS/233/2011. In its judgment, the lower Court dismissed in its entirety the claims of the Appellant on the basis that the Appellant failed to establish any wrongful act on the part of the Respondent in the discharge of its duties.

The Appellant as Plaintiff had commenced the action by a Writ of Summons dated 23 February 2011 against the Respondent. The reliefs sought by the Appellant as endorsed on the Amended Statement of Claim are as follows:

“1. A declaration that the Defendant’s interference in port operations as it relates to final clearance of vessels into a berth operated by a private terminal operator outside the standard procedures and customary usage understood by users of the port including the Plaintiff as ship agents is il…

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