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TAYASA DREDGING & CONSTRUCTION v. KARLANDER NIGERIA LIMITED

(2000) JELR 47476 (CA)

Court of Appeal  •  CA/L/113/97  •  17 Apr 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; KUMAI BAYANGA AKAAHS JCA;

Judgement

OGUNTADE, JCA (DELIVERING THE LEADING JUDGMENT): This appeal has simple facts. The applicable principles of law are also beyond dispute. The appellant was the plaintiff before the lower court. It filed a writ of summons and later a Statement of Claim wherein it claimed against the respondent as the defendants "the sum of US$576,000.00 and ₦1,832,000.00 for the loss and damage occasioned by the defendant's vessel MT REAL PROGRESS ramming into the plaintiff's vessel MD MOWA at Bomy Town Anchorage on 11th September, 1994 and the sum on ₦100,000.00 as exemplary damages".

The defendant in reaction to the plaintiff's statement of claim filed a process captioned "Motion on Notice brought pursuant to Order 27 of the Federal High Court (Civil Procedure) Rules, 1976..." Under this curious process, the defendant prayed for:

"an order striking out the name of the said defendants and/or dismissing the action on the ground that the said defendants are not proper parties to this action and for such or…

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