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THE MV. COURAGEOUS ACE & ORS v. NIGERDOCK NIGERIA PLC

(2016) JELR 37022 (CA)

Court of Appeal  •  CA/L/616/2012  •  10 Mar 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.(Delivering the Leading Judgment): The appeal is against the Judgment of the Federal High Court, Lagos Division, delivered on the 6th July 2012 by M.B. Idris J. wherein the plaintiff'??s claim was granted.

The three Appellants herein were the defendants in the Lower Court while the Respondent was the plaintiff.

The Respondent had as plaintiff in the Lower Court filed a writ of summons dated 7-6-2006 together with a statement of claim against the Appellants.

By a further amended statement of claim dated 28-6-2010 the Respondent sought the following reliefs:-

26. "??WHEREOF the Plaintiffs claim against Defendants jointly, severally or in the alternative as follows:

a. The Plaintiff claims the sum of N31,944,957.54.00 (Thirty One Million, Nine Hundred and Forty Four Thousand, Nine Hundred and Fifty Seven Naira, Fifty Four kobo) being loss of use and the cost of repairs of the two vessels to wit (i) MM105 22-Passenger Water Bus Vessel powered by 200 horsepower …

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