GALADIMA, JCA (Delivering the Lead Judgment): This is an appeal by the Plaintiff against the ruling of Odunowo J. of the Federal High Court delivered on 28th May, 1999 declining jurisdiction in this case pursuant to the defendant’s challenge of plaintiff’s locus standi . It is necessary to state the facts of this case. The appellant as plaintiff in the lower court issued out a writ of summons against the respondent as the defendant, claiming the sum of N50 million being damages for breach A of contract and or breach of duty and or negligence of the defendant, their servants or agents in respect of damage done to the goods during the voyage or shot delivery of consignment of 8,000 metric tonnes of rice shipped through the defendant. Simultaneously, the appellant applied for and obtained an order exparte arresting the MV. “RAB” belonging to the respondents so as to secure its claim. In due cause, the respondent provided a Bank Guarantee by First Bank of Nigeria Plc to affect the V…
CLEMCO INDUSTRIES LTD
V.
THE OWNERS OF MV RAB
(2002) JELR 51117 (CA)
Court of Appeal 21 Mar 2002 Nigeria
BriefBot Summary
- The appellant, as plaintiff, sued for damages due to loss and damage to cargo (rice) allegedly attributable to the defendant during carriage by sea, and obtained an ex parte arrest of the defendant’s vessel which was later released upon p
Case Details
Suit Number:CA/L/198/99
Judges:SULEIMAN GALADIMA, JCA (Presided and Read the Lead Judgment) PIUS OLAYIWOLA ADEREMI, JCA CHRISTOPHER MITCHELL CHUKWUMA ENEH, JCA
Counsel:J. S. Oyekan, Esq. - for the Appellant
-*-
Femi Atoyebi, Esq. - for the Respondent . G
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 77,000 cases, recent judgments, statutes, and rules of court.