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CADBURY NIGERIA PLC
V.
R. BENKAY NIGERIA LTD

(2013) JELR 35414 (CA)

Court of Appeal 22 Jul 2013 Nigeria
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- The appellant obtained a Mareva injunction on 24 March 1997, resulting in the respondent’s 30-tonne trailer being detained until 17 April 2000; the underlying claim was for goods lost in transit allegedly due to robbery. - The respondent

Case Details

Suit Number:CA/L/246M/10
Judges:AMINAT ADAMU AUGIE Justice of The Court of Appeal of Nigeria CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Counsel:Dr. Nnamdi Dimgba Esq., with Chukwuemeka Osuji Esq., and Uzo Akunebu Esq. For Appellant Andrew Igboekwe Esq., with Chibuzo Anaeto (Miss) Esq., and Opeyemi Afeni Esq. For Respondent

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Honourable Justice Y.A. Adesanya of the Lagos State High Court delivered on the 11th of July 2008 wherein the learned trial Judge after an enquiry as to damages awarded the sum of N3,048, 423.20 (Three Million, forty eight thousand, four hundred and twenty three naira, twenty kobo) to the Respondent as damages for the unlawful detention of the Respondents' 30 tones Mercedes Benz trailer with registration number BD 4053A between 24th March 1997 and 17th April 2000 pursuant to an unlawfully obtained order of mareva injunction dated 24th March 1997.

FACTS - The Appellant was Claimant at the High Court, and he instituted an action against the Respondent claiming the sum of N5,108,210.30 (Five million, one hundred and eight thousand, two hundred and ten naira, thirty kobo.) as value of the goods it consigned to the Respondent to be delivered to its customer in Aba.

The goods were allegedl…

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