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MAERSK NIGERIA LIMITED & ANOR v. ZATS INTERNATIONAL LIMITED

(2012) JELR 35144 (CA)

Court of Appeal  •  CA/PH/364/2008  •  3 Jul 2012  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

T. O. AWOTOYE J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal against the judgment of R. O. Nwodo J (as she then was) delivered on 8/11/2007.

The respondent which was the plaintiff at the court below had instituted an action against the defendants (now appellants) claiming as per paragraph 15 of its amended statement of claim as follows:

"WHEREFORE, the plaintiff claims against the defendants jointly and severally for the following reliefs, namely:

(1) the sum of $139,528.50 representing the purchase price of plaintiffs 424 Bales of Norwegian STOCK FISH SEY shipped by APEX MARKETING and SERVICES IN OSLO, NORWAY to the plaintiff through the defendants vessels as carrier or 12th March 2004 and 16th July, 2004 respectively, and which bales of stockfish were completely damaged aboard the defendant vessels.

(2) the sum of N2,636,761.93 representing the customs duty paid by the plaintiff for the damaged two consignments of Norwegian Stockfish Sey shi…

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