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BAKER MARINE NIGERIA LTD.
V.
CHEVRON NIGERIA LTD.

(2006) JELR 37383 (SC)

Supreme Court 9 Jun 2006 Nigeria
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- The dispute arose from a Jackup Barge Contract (No. LGST-92-03) between the parties and was referred to arbitration as provided in the contract. - The appellant claimed, inter alia, US$10,000,000 as aggravated damages for conspiracy and b

Case Details

Suit Number:SC.374/2001
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:O. Ayanlaja, Esqr. (SAN) (with him, Adekunle Obebe, Esqr.) For Appellant Chief A.O. Soetan, (with him, Oluwatoyin Adenugba, Esqr.) For Respondent
Other Citations:Baker Marine Nig Ltd v. Chevron Nig Ltd (2006) 13 NWLR (Pt.997) 276 (2006) 6 S.C 21 (2006) 6 S.C 21, (2006) JELR 56512 (SC)

OGBUAGU, J.S.C. (Delivering the Leading Judgment): The dispute between the parties was submitted to an Arbitral Tribunal. Consequent upon the reference pursuant to exhibit 7- Jackup Barge Contract No. LGST - 92 - 03, the parties filed and exchanged their pleadings. The appellant further amended its statement of claim and in its claim or relief No. IV appearing at page 66 of the records, it appears as follows:

"(iv) (U.S. $10,000.00 (Ten million U.S. dollars)) as aggravated damages for conspiracy with the claimant's Joint Service Partner to breach the Jack-Up Barge Contract No. LGST. 92 .03 as renewed, to the economic injury of the claimant"

On the completion of the trial, the Tribunal in its decision on 14th March, 1996 and titled Arbitral Award spanning from pages 90-160 of the records, recognized that the appellant was only entitled to nominal damages for the breach of contract identified, but in the end, awarded a lump sum for both the breach and the tort of negligence. The respon…

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