PORTS AND CARGO HANDLINGS SERVICES COMPANY LTD & ORS V. MIGFO NIGERIA LTD & ANOR

HON. JUSTICE REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): The Plaintiffs hereinafter referred to as Respondents commenced a suit filed on 9/08/06 by Originating Summons in the Federal High Court, Lagos Judicial Division seeking the following reliefs against the Defendants now Appellants:

1. A declaration that the intentions, declarations, understanding, joint venture agreement and irrevocable commitments expressed by the Plaintiffs and the 2nd Defendant and contained in the Technical Proposal/Bid documents dated June, 2005 and their executed "Memorandum of Understanding dated 27th July, 2005" submitted to the Bureau of Public Enterprises in respect of their bidding for the management and operation of Terminal C, Tin Can Island Port, Apapa, Lagos in the name of the 2nd Defendant, are binding on the Plaintiffs and the 2nd Defendant.

2. A declaration that by virtue of the intentions, declarations, understanding, joint venture agreement and irrevocable commitments expr…