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TRANSOCEAN SHIPPING VENTURES PRIVATE LIMITED v. MT SEA STERLING

(2018) JELR 38382 (CA)

Court of Appeal  •  CA/L/22/2018  •  24 May 2018  •  Nigeria

Coram
YARGATA BYENCHIT NIMPAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgment): The Appellant instituted proceedings at the Federal High Court, Lagos Division in respect of outstanding payment due to it for goods and services it supplied and rendered to the Respondent for her operation and maintenance. The action was in SUIT NO. FHC/L/CS/1160/2017: TRANSOCEAN SHIPPING VENTURES PRIVATE LTD v. MT SEA STERLING. Upon being served the Court processes, the Respondent filed an application challenging the jurisdiction of the Court and urging the Court to strike out the suit. The Appellant filed processes in opposition to the Respondent's motion and further filed an application wherein it urged the Court to strike out the processes filed by the Respondent for being incompetent.

The Respondent opposed the Appellant's application. The lower Court took argument on both applications together. It first determined the Respondent's application which it granted, holding that it does not have jurisdiction. Based on th…

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