NIGERIA PORTS PLC V. DUNCAN MARITIME VENTURES NIGERIA LIMITED

OGUNBIYI JCA (Read the Lead Judgment): This is an appeal by the defendant (hereinafter referred to as “the appellant”) against the judgment of the Honourable Justice Tijani Abubakar sitting at the Federal High Court, Lagos Judicial Division in suit No. FHC/L/CS/708/05. The judgment was delivered on 20 January 2009. The plaintiff (hereinafter referred to as “the respondent”) claimed against the appellant declaratory and injunctive reliefs together with thesum of N8,000,000.00 (eight million naira) and N2,000,000.00 (two million naira) as exemplary/aggravated and general damages respectively in the amended statement of claim are contained at pages 3 - 5 and pages 445 - 447 of the record of appeal respectively. Also, the statement of defence which incorporated a counterclaim are contained at pages 402 - 404 of the said record.

The property, the subject matter, centre of this claim is known and described as Plot(11) measuring 7,455 M2 TCIP Industrial Estate, Tincan Island Port, Apapa - L…