(2006) JELR 40069 (CA)    
Court of Appeal  ·  CA/B/193/2003 ·  20 Feb 2006 ·  Nigeria
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA-AJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
filing of frivolous cases
admiralty jurisdiction procedure rules
next hearing date
sum of usd
honourable court
learned trial judge
1st defendant
diligent prosecution of the plaintiff
following reliefs
inter alia
santa margherita
abuse of process of court
admiralty action
admiralty jurisdiction decree
arrested vessel
brief learned counsel
briefs of argument
current owners
decision of the lower court
exchange rate
hearing of the appeal
jurisdiction of this honourable court
leading judgement
motion ex
notice of appeal
nwali sylvester ngwuta
order ix rule
provision of a satisfactory bank guarantee
respective counsel
sale of the vessel
single issue
statement of claim
such further order
sufficient reason
sum of n100,000.00
trial court
u.m. abba aji
union bank of nigeria plc
views of the learned counsel
zainab a. bulkachuwa

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgement): Indorsed on the writ of summons issued on 18th October, 2002 is the appellant's (the plaintiff's) claim for the following reliefs against the Respondents (then defendants):

"(a) The sum of USD$134,935.25 representing the amount of outstanding insurance calls or premium due to the plaintiff plus interest and cost which the Defendant is jointly and severally liable for under the terms of the fleet over granted to the Defendant by the Plaintiff.

(b) A declaration that the purported change and/or transfer in ownership and/or sale of the vessel the Sealion, Alboran 1, Antibes, Corcica, Portofino. Rallegat, Sete, Skayerrak, Elba, Fos, Santa Margherita are a sham and that no effective transfer of ownership has been made.

(c) A declaration that the Beneficial Ownership of the Sealion, Alboran 1, Antibes, Corsica, Portofino, Kallegat, Sete, Skayerrak, Elba, Fos, Santa Margherita have remained unchanged."

On the same day (18th O…

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