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TEXACO PANAMA INCORPORATION (OWNERS OF THE VESSEL “M.V. STAR TULSA” V. SHELL PETROLEUM DEVELOPMENT CORPORATION OF NIGERIA LIMITED

(2002) JELR 52808 (SC)

Supreme Court  •  SC.189/2000  •  15 Feb 2002  •  Nigeria

Coram
ABUBAKAR BASHIR WALI, JSC (Presided) EMANUEL OBIOMA OGWUEGBU, JSC UTHMAN MOHAMMED, JSC ALOYSIUS IYORGYER KATSINA-ALU, JSC UMARU ATU KALGO, JSC (Read the Lead Judgment)

Judgement

KALGO, JSC (Delivering the Lead Judgment): On 27th of January, 1994, the appellant as plaintiff, took out a writ of summons in the Federal High Court in Lagos, in which it claimed $5,780,442.88 (five million, seven hundred and eighty thousand four hundred and forty two dollars eighty- eight cents) against the respondent for negligence sustained by its oil tanker M. v. Star Tulsa when berthing at the respondent’s Inshore Oil Terminal at Bonny.

Pleadings were filed in court and settled between the parties. Thereafter, the respondent orally raised the issue of the absence of pre-trial notice and limitation of time in relation to the whole action which were fully averred in paragraph 17 of the respondent’s amended statement of defence. The learned trial Chief Judge having observed that these are all issues of law touching on the jurisdiction of the court, quite correctly in my view, granted the application to argue the points before proceeding to trial.

On 23rd of September, 1996, counsel…

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