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FUGRO SUBSEA LLC
V.
PETROLOG LTD

(2021) JELR 109317 (CA)

Court of Appeal 19 Feb 2021 Nigeria
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- The case involves a dispute over a contract between the appellant and respondent for diving and subsea services. - The appellant failed to meet its financial obligations to the respondent, who filed a suit to recover the outstanding amoun

Case Details

Suit Number:CA/L/1122/2018
Judges:Ayobode Olujimi Lokulo-Sodipe, JCA Onyekachi Aja Otisi, JCA Tani Yusuf Hassan, JCA
Counsel:Babajide Olowoyeye, Esq., with him, Denis Dema, Esq. For the Appellant; Chief Wole Olanipekun, SAN, with him, Akintola Makinde, Esq. and Olajide Salami, Esq. for the respondent.

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was lodged against the Ruling and Judgment of the Federal High Court, Lagos Division Coram: C.M.A Olatoregun, J., delivered on May 4, 2018 and May 21, 2018 respectively, in favour of the Respondent.

​The facts leading to this appeal, as can be gleaned from the Record of Appeal and from the processes of the parties, may be summarized in this manner:

The Respondent, an indigenous Oil and Gas Company in Nigeria, is the owner and operator of the “DSV VINNICE”, a diving support vessel that carries the Nigerian Flag. On 22/3/2015, the Appellant and Respondent entered in a Memorandum of Agreement (MOA) for the purpose of establishing mutual cooperation in seeking business opportunities of mutual interest in diving and subsea services in Nigeria and Africa at large which will require the DSV VINNICE. Parties reached a firm agreement under the MOA that in the event of success in obtaining a new business opportunity, the…

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