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THE VESSEL MV NAVAL GENT & ORS v. ASSOCIATED COMMODITY INTERNATIONAL LIMITED

(2015) JELR 42262 (CA)

Court of Appeal  •  CA/L/392/2008  •  27 Nov 2015  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court sitting in Lagos and delivered by HON. JUSTICE ABDULLAHI MUSTAPHA on the 21st June, 2006 wherein the Court set down suit No:FHC/L/CS/731/2000 for hearing.

Dissatisfied with the said ruling, the Appellant filed a Notice of Appeal dated 22nd June 2006 setting out a single ground of appeal.

Brief facts of the case are that the Respondent commenced an action against the appellants via a writ of summons supported by a statement of claim claiming as follows:

a. The sum of USD$410,000.00 (Four Hundred and Ten Thousand United States dollars) representing the cost of caked cargo with an interest on the said sum of USD$410,000.00 (Four hundred and ten thousand United States Dollars) from 10th July, 2000 until judgment is given.

b. The sum of USD$90,000.00 (Ninety thousand United States Dollars) as general damages

c. The Plaintiff also claims the legal cost of this suit.

The t…

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