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FIDELITY BANK
V.
THE M.T. TABORA & ORS

(2018) JELR 39091 (SC)

Supreme Court 18 May 2018 Nigeria
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- The appellant filed a lawsuit against the ship M.T. TABORA at the Federal High Court in Lagos. - The ship had sailed out of Nigerian Territorial Waters before the lawsuit was filed. - The appellant filed a motion for leave to serve the wr

Case Details

Suit Number:SC.106/2010
Judges:MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Counsel:Chief F. O. Offia with him, Victor Kanu, Esq. For Appellant Clement Onwuenwunnor Esq. For Respondent
Other Citations:(2018) 11 NWLR (Pt. 1632) 135

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Appellant, as the Plaintiff at the Federal High Court, Lagos, in an action in rem against the ship M. T. TABORA, took out a Writ of Summons on 17th December, 2002. The Writ of Summons was on 15th December, 2002, specially endorsed with the Statement of Claim. The Writ and the Statement of Claim have thereon six (5) Defendants, and they were to be served on the 1st, 2nd and 3rd Defendants, respectively the vessel, THE M.T. TABORA, Northern Fox Shipping (the owners of M.T. TABORA)and Eres N. V. Belgium. The vessel M. T. TABORA was in the Nigerian Waters until 15th December, 2002 when it sailed out of Nigerian Territorial Waters. Thus, the vessel M. T. Tabora, the 1st Defendant, having sailed out of Nigerian Territorial Waters and out of the jurisdiction of the Federal High Court a day before the action was filed on 16th December, 2002 and two days before the Writ of Summons against her was issued on 17th December, 2002.

On 22nd Ma…

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