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OWNERS OF M.T. VENTURER v. NIGERIAN NATIONAL PETROLEUM CORP & ANOR

(2010) JELR 44099 (CA)

Court of Appeal  •  CA/L/291/03  •  12 Jul 2010  •  Nigeria

Coram
RAHPAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA;

Judgement

HON. JUSTICE ADAMU JAURO. J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court Lagos, coram E.O. Sanyaolu J, delivered on 3rd March, 2003 dismissing the plaintiffs/appellant's suit for being statute barred. The facts giving rise to this appeal are as follows: By a charter party agreement dated 3rd June 1988, the 1st respondent hired the appellants vessel MT VENTURER, for an initial period of one year with an option to renew for a further period at the instance of the 1st respondent. In accordance with clauses 8, 48, 49 and 58 of the said charter party, all payments for hire of the vessel were to be made monthly in advance. At the expiration of the agreement, the 1st respondent redelivered the vessel MT VENTURER to the appellant on 26th November, 1991. The appellant as plaintiff instituted this action in the lower court on 10th March, 1998 claiming the sum of US $276,138.75 (Two Hundred and Seventy Six Thousand One Hundred and Thirty …

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