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SUNNY OSITEZ INTERNATIONAL NIGERIA LIMITED v. DELMAS & ORS

(2013) JELR 35535 (CA)

Court of Appeal  •  CA/L/1221/2010  •  18 Jul 2013  •  Nigeria

Coram
CHIMA CENTUS NWEZE JCA; JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Olatoregun-Isola J. of the Federal High Court Lagos Division in suit No. FHC/L/CS/5547/2008 delivered on the 9th day of July, 2010 dismissing the appellant's suit as time barred.

The Appellant's case is that it imported two containers of electrical goods from overseas and entrusted the carriage to the Respondents, via the Respondents vessel "CMA CGM OUBANGUI VOYAGE 062".

The vessel arrived Berth 16 Apapa Sea Port Lagos in January 2008 and discharged the Appellant's two containers in conditions which indicated that Hold No.5 which housed the containers were flooded during voyage. By a letter dated 22/1/08 from Petromarine Technical Service Limited, the Respondents' Protection and Indemnity Club Representative, the Respondents requested the Appellant to contact Petromarine Technical Services Limited for a joint inspection and survey. The Appellant complied. The joint inspection co…

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