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"THE MT MAKHAMBET'' & ORS. V. THE INCORPORATED TRUSTEES OF INDIGENOUS SHIPOWNERS ASSOCIATION OF NIGERIA & ANOR.

(2011) JELR 33444 (CA)

Court of Appeal  •  CA/L/780/09  •  18 Feb 2011  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; JOHN INYANG OKORO JCA; MOHAMMED AMBI-USI DANJUMA JCA;

Judgement

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): The Plaintiffs/Respondents commenced an action at the Federal High Court Lagos by an originating summons and sought for the following reliefs: -

"1. A declaration that on a proper construction of the Coastal and Inland Shipping (Cabotage) Act, 2003 especially 2, 3, 5, 9, 10, 11, 12, 15, 22, 23, 29, 33 and 39 thereof, and the regulations made thereunder (hereinafter called the Cabotage Act), by using the 1st Defendant to carry 10,000 metric tons of Petroleum Products within and in Nigeria waters and Exclusive Economic Zone to Ibafon/Jetty Apapa Port, Lagos in or about July, 2009, the 1st Defendant which is a foreign Vessel that is foreign crewed, foreign built that the 3rd Defendant is in charge of and her 2nd Defendant foreign owner, not having been licenced or registered or granted ministerial waivers or approvals under the Cabotage Act to engage in cabotage trade, wrongfully and illegally acted contrary to the Cabotage A…

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