(2014) JELR 39893 (CA)    

Court of Appeal  ·  CA/L/960/2010 ·  15 Apr 2014 ·  Nigeria
Other Citations
Deros Maritime Ltd. v. M.V. MSC Apapa (2015) 1 NWLR (Pt. 1439) 51
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
statement of claim
admiralty jurisdiction act
federal high court
4th respondents
admiralty action
admiralty jurisdiction procedure rules
civil procedure
trial court
learned trial judge
4th defendants
lower court
prior leave
prior leave of court
jurisdiction of the lower court
federal high court act
issuance of the writ of summons
issue of failure
suit no fhc
trial de novo
want of the leave of court
above issue
appellants arguments
behalf of the 1st defendant
constitution of the federal republic of nigeria
decision of archibong j. of the federal high court
error of the learned trial judge ted
field of law
finding of the learned trial court
following issue
general provisions
jurisdiction of this honourable
leading judgment
lone issue
master of the said asset
order of jega j.
order of the trial court
owners of the ship
paras b-c
required leave
service of a writ
single issue
sustainable action
vessel of the 3rd defendant

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Archibong J. of the Federal High Court, Lagos Division in Suit No FHC/CS/237/2001 delivered on the 1st day of July 2010 wherein the Appellant as Plaintiff at the lower court in an action commenced against the Respondents as Defendants claimed

"... the sum of US $273, 832.49 (Two Hundred and Seventy-Three Thousand Eight Hundred and Thirty-Two United States dollars and Forty-Nine cents) as reimbursements paid by the Plaintiff on behalf of the 1st Defendant, the vessel of the 3rd Defendant, with interest at the rate of 21 per cent per annum from the dates of accrual till judgment is liquidated. The Plaintiff also claims the full cost of this suit".

The 3rd and 4th Defendants at the lower Court were served with the writ of summons and statement of claim outside jurisdiction pursuant to the order of Jega J. dated 23/3/01 The writ was however issued before the order was obtained. The …

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