TRANSNAV PURPOSE NAVIGATION LIMITED & VELCAN SA V. VELCAN ENERGY HOLDINGS DUBAI LIMITED & MV SAM PURPOSE
(2020) JELR 112325 (SC)
Supreme Court
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SC.1338/2018 & SC.93/2019
•
17 Jan 2020
•
Nigeria
Coram
MARY UKAEGO PETER-ODILI, JSC
MUSA DATTIJO MUHAMMAD, JSC
JOHN INYANG OKORO, JSC
PAUL ADAMU GALUMJE, JSC
UWANI MUSA ABBA AJI, JSC
Appearances
Babajide Koku, SAN with Victor Ogude Oluwafemi Adenitire and Faith Falade for the appellant.
Dr. Oladapo Olanipekun, SAN with Kofi Antwi Apori, Veronica Obi and Ebunoluwa Jegede, for the 1st and 2nd Respondents.
Deborah Emawodia for the 3rd Respondent.
Judgement
<p style="text-align: justify"><strong>UWANI MUSA ABBA AJI, JSC (Delivering the Leading Judgment): </strong>This appeal is against the judgment of the lower court allowing the appeal of the 1st and 2nd Respondents, who were interveners in the suit before the trial court and directed that the matter be remitted back to the trial court for accelerated hearing of the 1st and 2nd Respondents pending the application which was not determined as a result of his earlier order staying proceedings in the suit pending the conclusion of London arbitration.</p><p style="text-align: justify">The Appellant sued the 3rd Respondent for monetary reliefs in respect of a Chartered Credit Agreement (CCA) dated 30/6/2016 and in order to secure its claim, obtained an interlocutory order of arrest on 19/1/2017 vide an <em>exparte </em>application dated 12/ 1/ 2017. The trial court however refused the 1st and 2nd Respondents' application of 19/9/2017 but stayed further proceedings in the suit. The trial court did not consider the rights and interests of the Respondents in their application of 19/9…</p>