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JFS INVESTMENT LTD V. BRAWAL LINE LTD, OWNER & CHARTER OF MV. NDONI RIVER & MV. NDONI RIVER

(2010) JELR 55793 (SC)

Supreme Court  •  SC.116/2002  •  10 Dec 2010  •  Nigeria

Coram
MAHMUD MOHAMMED JSC (Presided) CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC JOHN AFOLABI FABIYI JSC OLUFUNLOLA OYELOLA ADEKEYE JSC (Read the Lead Judgment) BODE RHODES-VIVOUR JSC

Judgement

ADEKEYE JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Lagos Division, delivered on 10 May 2000. The appellant, JFS International: was the plaintiff in the suit filed at the Federal High Court, Lagos. In its statement of claim, the plaintiff/appellant claimed against the defendants, now respondents, Brawal Line Limited, the Owners and Charterers of MV. Ndoni River and M.V. Ndoni River jointly and severally as follows:

(1) Judgment for the aforestated amount of DM30,487.40 (thirty thousand, four hundred and eighty-seven dutch marks and forty pfenning).

In addition

The sum of ₦19,980.68 (nineteen thousand, nine hundred and eighty naira, sixty-eight kobo) being the duty paid on goods delivered. Damages for breach of contract and loss suffered. Interest on the said judgment sum from 16 September 1994, till judgment, thereafter, the payment with costs.

Vide pages 6-9 of the record.

The particulars of claim of the plaintiff/appellant, on whi…

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