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TEXACO OVERSEAS (NIGERIA) & ANOR. V. RANGK LIMITED

(2008) JELR 33531 (CA)

Court of Appeal  •  CA/L/107/2005  •  26 Jun 2008  •  Nigeria

Coram
ISA AYO SALAMI JCA; HUSSEIN MUKHTAR JCA; ADAMU JAURO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal stems from the judgment of the Federal High Court Lagos (per E. O. Sanyaolu, J) delivered on the 24th June 2003. The respondent, plaintiff, in the court below, had claimed damages for wrongful termination of contract of service against the defendant/appellant and for debt or quantum merit for various sums of money due under the contract for the use by the appellant of the respondent's ocean going vessel M. V. Clara in connection with the appellant's offshore drilling and producing operations.

In its amended statement of claim dated 21st and filed on 22nd May 2003 the plaintiff/respondent claimed the following reliefs against the defendant/appellant:

a. US Dollar 436,425 + N2,702,000 (with 5% VAT) being 75% of full vessel hire rate for the period February 1, 1997 to September 8, 1997 (220 days) defendant having previously paid 25% of full rate (full rate being US Dollar 2,645 plus N=16,400 per day).

b. US Dollar 10…

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