BARASIMPIRI
V.
DAEWOO (NIG) LTD & ANOR

(2018) JELR 38960 (CA)    

Court of Appeal  ·  CA/PH/473/2015 ·  25 Jun 2018 ·  Nigeria
CORAM
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondents
counsel
appeal
record of appeal
defendants
learned trial judge
maritime claim
okrika river
issue of jurisdiction
general damages
issues
special damages
trial
2nd defendant
admiralty jurisdiction act
respondents notice
lower court
second schedule
trial court
grounds of appeal
statement of claim
federal waterway
learned judge
a.g. kwara state v. olawale
charge sheet
claims of the claimant
combined effect of sections
constitution of the federal republic of nigeria
daewoo speed boat
decision of high court of rivers state
entire proceedings of the trial court
exhibit a.
final written address of the respondents
following documents
high speed
leading judgment
low award vis
motu raise
national inland waterway authority
okrika judicial division
order of this court
pleadings of parties
purview of the admiralty jurisdiction act
respondents brief of argument
said river
senior counsel
senior magistrate court okrika
suit no. whc
third issue
wherefor plaintiff claim

BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the decision of High Court of Rivers State, Okrika Judicial Division, holden at Port Harcourt S.C. AMADI J., presiding delivered on 22nd December, 2009 in Suit No. WHC/4/2003. The Appellant as Claimant took out the Writ of Summons on 18th February, 2003 against the Respondents as Defendants accompanied with a Statement of Claim containing 9 paragraphs wherein he claims against the Defendants jointly and severally the following: -

WHEREFOR Plaintiff claim against the defendants jointly and severally for the following: -

(a) Special damages - N543,700.00

(b) General damages - N1,456,300.00

N2,000,000.00

Being special and general damages for the capsizing and destruction of plaintiffs hand pull wooden canoe and fishing net, fishing traps etc arising from the negligence and/or recklessness of the defendants on 17th April, 2000." (pages 4 5 of the record of appeal)


The endorsed Writ of Summons dated 18th …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login