MV "WESTERN STAR" & ORS V. B.L. LIZARD SHIPPING COMPANY LIMITED

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): By a writ of summons and Statement of Claim dated 20th November, 2006 but filed on the 22nd November, 2006, the Respondent as Plaintiff claimed against the Appellants/Defendants jointly and severally as follows:

"1. The sum of US$121,650 being the outstanding cost for the bunkers supplied to the 1st Defendant by the Plaintiff.

2. Interest on the above sum at the rate of 2% per month from the 26th March 2006 till judgment and thereafter at the rate of 10% per annum until the judgment debt, interest and costs are fully liquidated.

3. US$30,000 being the legal costs incurred by the Plaintiff in respect of this matter.

4. A declaration that the beneficial ownership of the 1st Defendant is vested in the 2nd Defendant Eastern Star Shipping Company Ltd."

The Respondent's case is that it is a registered foreign company engaged in the business of supplying bunkers and lubricants to ships. It pleaded that the 2nd Defendant/Appel…