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THE OWNERS/CHARTERERS OF M. V. ROMAN GLACIER V. BENSON AGBO GULF AGENCY NIGERIA LIMITED THE M. V. PACIFIC ICE THE OWNERS/CHARTERERS OF THE M. V. PACIFIC ICE

(2000) JELR 55486 (CA)

Court of Appeal  •  CA/L/370/97 .  •  23 Mar 2000  •  Nigeria

Coram
GEORGE A.OGUNTADE, JCA (Presided and Read the lead Judgment) PIUS OLAYIWOLA ADEREMI, JCA AMIRU SANUSI, JCA

Judgement

OGUNTADE, JCA (Delivering the Lead Judgment): The appellants were the defendants before the Federal High Court, Lagos; and the respondent the plaintiff. The plaintiff claimed against the defendants the sum of $80,000.00, being damages in negligence. The plaintiff in his statement of claim pleaded that he was working as a stevedore in the vessel MV “Pacific Ice” and that he suffered injuries as a result of the defendants’ negligence in failing to provide a safe working condition for him in the off loading and discharge of bags of rice from the vessel MV “Pacific Ice”. The plaintiff later filed an ex-parte application wherein he prayed for an order:- “...arresting and/or detaining the M. V. “Roman Glacier” now lying at Berth, 3B, Tincan Island Port, Lagos or wherever else it may be within the jurisdiction of this Honourable Court A and that the same be detained by the Sheriff of this Honourable Court, pending the provision of a satisfactory Bank Guarantee to secure the Plaintiff’s c…

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