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KULAK TRADES & INDUSTRIES PLC V. THE TUG BOAT M/V JAPUAL B & ANOR

(2010) JELR 47807 (CA)

Court of Appeal  •  CA/PH/62M/2006  •  9 Dec 2010  •  Nigeria

Coram
HON. JUSTICE ISTIFANUS THMOS JCA; HON. JUSTICE EJEMBI EKO JCA; HON. JUSTICE TUNDE OYEBANJI AWOTOYE JCA;

Judgement

EJEMBI EKO, J. C. A. (Delivering the leading judgment): This interlocutory appeal has arisen from the ruling of the Federal High Court sitting at Port Harcourt (Coram: A.O. Faji, J) delivered on 16th September, 2004. The ruling of 16th September, 2004 was consequent upon the application filed by the Defendants, now the Respondents in this appeal, on 31st August, 2004, seeking inter alia an order unconditionally releasing the 1st Defendant/Respondent, the Tug Boat MV JAPAUL B, arrested pursuant to an order of the Federal High court (hereinafter called the trial court") made on 20th July, 2004. The ground for the unconditional release order sought is that the Plaintiff/Appellant failed to comply with the order directing him to deposit the sum of N100, 000.00 with the Admiralty Marshall every week within the period the 1st Defendant/Respondent remained arrested and detained. For better appreciation of the antecedent circumstance of this application I will go a little in to the genesis of…

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