(2001) JELR 79389 (CA)    
Court of Appeal  ·  4 Apr 2001 ·  Nigeria
Other Citations
Chevron Nig. Ltd. v. Lonestar Drilling Nig. Ltd. (2001) 11 NWLR (Pt. 723) 186
NIKI TOBI, J.C.A. (Presided and Read the Leading Judgment), BABA ALKALI BA'ABA, J.C.A., KUMAI BAYANG AKAAHS, J.C.A.
Core Terms Beta
cause of action
lower court
statement of claim
factual situation
issue no.
plaintiffs claim
brawal shipping nigeria ltd.
exhibit cnni
meaning of cause of action
reasonable cause of action
united states dollars
1st march
above laws
admiralty jurisdiction decree no.59
bank loan
breach of contract
brief of argument
cases of egbe v
civil procedure
c. m. i. s. ltd.
combined effect of paragraphs
decrees no.
delta state
existence of a valid contract
g. c. c. v
hearing of lengthy evidence
high court
jurisdiction of the federal high court
leading judgment
learned justice
learned trial judge
mr. a. v. etuwewe
nigerian law of contract
parcel of the statement of claim
plaintiffs action
points of law
position of the law
statement of claim show
suit no. w
supreme court

TOBI, J.C.A. (Delivering the Leading Judgment): The respondent who was the plaintiff in the lower court filed an action against the appellant who was the defendant in suit No. W/268/98 claiming the sum of $10,000,000 (ten million United States Dollars) being special and general damages for breach of contract. The particulars of damages were stated as follows:

"(1) Cost of freight of Rig from India to Nigeria and Marine Insurance $1.5 million United States Dollars.

(2)Interest on bank loan for purchase of the Rig - $1 million, USD.

(3)Loss of earnings on the Rig - $2.5 million USD.

(4)General damages - $10,000,000 USD."

On 1st March, 1999, counsel for the defendant filed a motion on notice asking the court to set down for hearing and to determine the points of law raised in the defendant's statement of defence, especially paragraphs 15-22, as the plaintiffs action did not disclose any reasonable cause of action and also that the court lacked jurisdiction by virtue of section 230(g) and (o)…

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