TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the Appellant, who was the Plaintiff at the lower Court against the Decision of the Federal High Court Port Harcourt Division delivered on the 6th day of May, 2016.
The Plaintiff had instituted an action against the Defendant claiming as per paragraph 24 of its Statement of Claim thus:
“24. WHEREFORE the Plaintiff claims against the Defendant as follows:
(a) Loss of earnings at $15,000.00 (Fifteen Thousand Dollars) per day from 11th day of December, 2011 to 11th day of June, 2012.
(b) the sum of $30,000.00 (Thirty Thousand Dollars) paid by the Plaintiff to Gulfstar Marine Services Ltd for Inward Agency Services/T.I. for M.V. Ark Phil.
(c) Interest on the sum of (Thirty Thousand Dollars) from December, 2011 till judgment is delivered and 21% (Twenty-one percent) from the date of judgment till said sum is fully liquidated by the Defendant.
(d) The sum of $3,000,000.0…