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NATIONAL MARITIME AUTHORITY V. MARINE MANAGEMENT ASSOCIATES INC. & ANOR

(2008) JELR 48908 (CA)

Court of Appeal  •  CA/L/653/2007  •  18 Jul 2008  •  Nigeria

Coram
ISA AYO SALAMI JCA; CARA BATA OGUNBIYI JCA; REGINA OBIAGELI NWODO JCA;

Judgement

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): The plaintiffs claimed against the defendant by an amended writ of summons as well as a statement of claim as follows-

A DECLARATION that the "INSPECTION/VETTING AGREEMENT" made between the Nigerian NATIONAL MARITIME AUTHORITY and the plaintiffs with effect from 1st of March, 1996 for a period of Ten (10) years remains valid binding and enforceable as between the parties thereto.

A DECLARATION that the purported "SUSPENSION" of the contract for vetting/inspection service by the Defendant's herein -the Nigerian NATIONAL MARITIME Authority by letter dated 10th December, 1999 is ultra vires the said contract and the National Maritime Authority itself, and is thereby invalid, null, void and of no legal effect whatsoever. The sum of US$ 4,875,333.15 (Four Million, Eight Hunred and Seventy Five Thousand, Three Hundred and Thirty Three Dollars Fifteen Cents) or its (Naira equivalent at the prevailing rate) being the financial loss and…

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