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G & C LINES PANALPINA WORLD TRANSPORT (NIG.) LTD. GERETTO, SIOSAAND G & C LINES REP. IN NIGERIA V. HENGRACE NIGERIA LTD. NIGERIAN PORT PLC. DEPARTMENT OF CUSTOMS AND EXCISE

(2000) JELR 51924 (CA)

Court of Appeal  •  CA/L/78/99  •  8 May 2000  •  Nigeria

Coram


Appearances
Femi Atoyebi (with him Mr. S. Peters) for Appellants -*- N. I. Nwogbo for 1st Respondents

Judgement

IGE, J.C.A.: (Delivering the Leading Judgment) This is an appeal against the Ruling of the Lagos High Court, delivered on the 11th February, 1999 in suit No.LD/3211/95 on issue of jurisdiction. In the court below, the 1st Respondent, as Plaintiff, sued the 3 Appellants as Defendants to Court, claiming the following reliefs:- “1. A declaration that the Plaintiff is not liable to pay demurrage arising from the negligence of the 1st, 2nd and 3rd Defendants.

An order on the 1st, 2nd and 3rd Defendants for the unconditional release to the Plaintiff of container No. GR-IU-1079524. An order of injunction on the defendants, restraining them, their servants, agents or privies from auctioning selling, or otherwise disposing container No. GR-IU-2079524.

Damages and costs against the 1st, 2nd and 3rd Defendants.” According to paragraph 24 of the Plaintiff’s statement of claims, the Plaintiff’sclaims read thus:-

“And the Plaintiff claims:-

Against the 1st, 2nd and 3rd Defendants a waiver of all demu…

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