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MV "NOZOMI" & ANOR. V. SEABRIDGE BUNKERING PTE LIMITED

(2016) JELR 58176 (CA)

Court of Appeal  •  CA/L/23/2015  •  30 Jun 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU, JCA TIJJANI ABUBAKAR, JCA YARGATA BYENCHIT NIMPAR, JCA

Appearances
F. Atoyebi SAN (with him, R. Oduba) - for the Appellants.

Judgement

NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court sitting at Lagos Division delivered on 25 September 2014 by Hon. Justice O. E. Abang.

The facts briefly stated are as follows:

By a writ of summons together with a statement of claim filed on 28 August 2014, the 1st respondent as plaintiff claimed against the appellants as follows:

“(a) The sum of US$208,098.26 being the sum owed the G plaintiff by the defendants arising from the supply of marine fuel oil and marine gas oil to the MV Nozomi for its operation and maintenance.

(b) The sum of US$41,758.38 being the accrued interests as at 21 August 2014 for the late payment of the H principal sum arising from the supply of marine fuel oil and marine gas oil to the MV Nozomi for its operation and maintenance.

(c) The sum of US$1,000,000 as general damages.

(d) Interest on (a) thereon at the rate of 2% per month from the date of filing this action until judgment is delivered a…

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