NIGERIAN PORTS AUTHORITY PLC V. LOTUS PLASTICS LIMITED & ANOR.

MOHAMMED, J.S.C. (Delivering the Leading Judgment): By a writ of summons dated 10-4-96, the plaintiff, Lotus Plastics Limited, instituted an action at the Federal High Court sitting at Lagos against the Nigerian Ports Authority Plc and Elder Dempster Agencies Limited as 1st and 2nd defendants respectively and claimed the following reliefs:-

1. The sum of US$49,300.00 cost of the bus and freight or its Naira equivalent at a date of judgment on commercial exchange rate.

2. The sum of N300,000.00 cost of survey.

3. The sum of N1,000,000.00 general damages.

Pleadings were ordered by the trial Federal High Court on 047- 96. The plaintiff duly complied with this order by filing its statement of claim on 23-7-96. However, the pt defendant, the Nigerian Ports Authority Plc, without filing its statement of defence decided to challenge the competence of the plaintiff's claim against it by filing a motion on notice dated 16-8-96 pursuant to Order 27 rules 1 and 3 of the Federal High Court Civil…