ASSURANCE FORENINGEN SKULD (GJENSIDIG)
V.
MV. SEALION (EX "ANTIBES") & ANOR.

(2006) JELR 40069 (CA)

Court of Appeal · CA/B/193/2003 · 20 Feb 2006 · Nigeria

CORAM

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

order

plaintiff

respondents

lower court

cost

claim

filing of frivolous cases

admiralty jurisdiction procedure rules

next hearing date

sum of usd

honourable court

learned trial judge

orders

1st defendant

diligent prosecution of the plaintiff

following reliefs

inter alia

rules

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…

ASSURANCE FORENINGEN SKULD (GJENSIDIG) V. MV. SEALION (EX "ANTIBES") & ANOR.

ASSURANCE FORENINGEN SKULD (GJENSIDIG)
V.
MV. SEALION (EX "ANTIBES") & ANOR.