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APAPA BULK TERMINAL LTD & ORS
V.
NIGERIAN SHIPPERS COUNCIL & ANOR

(2018) JELR 38759 (CA)

Court of Appeal 16 Jan 2018 Nigeria
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- The appellants sought an injunction to prevent the 1st respondent from enforcing a notice that would regulate their operations as terminal operators. - The lower court dismissed the appellants' originating summons and upheld the notice, d

Case Details

Suit Number:CA/L/189/15
Judges:CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Counsel:Olufemi Atoyebi (SAN) with him, Ayo Olorunfemi Esq. and Temitayo Gaji Esq. For Appellant Emaka Akabogu Esq. with him, Babatunde Ogungbamila Esq. and Ifeatu Medidem Esq.- for 1st Respondent.Chief O.E. Nwagbara Esq. with him, U.R. Iwuala Esq.- for 2nd Respondent. For Respondent

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The Appellants were plaintiffs at the lower Court by their Originating Summons sought an order of perpetual injunction restraining the 1st Respondent as Defendant by itself, its officers, directors, managers, Servants, agents, privies, assigns, successors-in title or any other person acting through or on its behalf from acting upon, or by any means carrying out or enforcing Notice No. NSC/LN TO/2014/001 dated the 28th day of October, 2014 and/or parading themselves as the Regulator of the ports amongst others. For clarity, I will hereunder reproduce the reliefs sought at the lower Court and the questions raised for determination by the Court. The reliefs are as follows:

"1. A Declaration that the operations and/or activities of the Plaintiffs as Terminal Operators are governed by the terms of the various Lease Agreements entered into between each Terminal Operator (Plaintiffs herein) and the Federal Government of Nigeria, acti…

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