M.
V.
BREUGHEL & ORS
V.
MONDIVEST LTD

(2018) JELR 39040 (CA)    

Court of Appeal  ·  CA/L/394/2016 ·  25 Jun 2018 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
locus standi
statement of claim
appellant
sufficient interest
trial court
owner of the ship
admiralty action
kuramo waters coastline
claim of the respondent
general damages
points of law
respondents suit
alleged damage
appellants brief
learned trial court
long term exposure of persons
lower court
acts of negligence
agent of a principal
alleged negligent acts of the m.v. breughel
appellants application
appellants property
applicants statement of defence
briefs of arguments of the parties
case of b.b. apugo v ohmb
civil cases
commencement of trial
costs of the action
defence of agents of a disclosed principal
following orders
following reliefs
honourable court
leading judgment
legal right of a party
liability of an agent of a disclosed principal
owner of kuramo waters
pam v
plaintiffs statement of claim
plethora of cases
reasonable cause of action
respondents statement of claim
ruling of the federal high court
said decision
settled preconditions
simple question
statement of defence
v dsv
want of jurisdiction

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court sitting in Lagos and delivered on the 21st March, 2016 by HON. JUSTICE DAGAT wherein the Court below dismissed the application brought by the appellant seeking to strike out the claim of the Respondent for failing to disclose a cause of action. The appellant dissatisfied with the said ruling filed a Notice of Appeal dated 28th day of March, 2016 filed on the 4/4/2016 and deemed on the 3/5/2018 setting out 3 grounds of Appeal.

The respondent instituted an action in rem against the appellants for acts of negligence and sought the following reliefs:

i. The sum of N700,000,000 (Seven Hundred Million Naira) for alleged damage to the Appellants property and economic losses resulting from the loss of its rental income on its property resulting from the alleged negligent acts of the M.V. Breughel and its sister vessel the Congo River;

ii. The sum of N3,000,000,000 (Three…

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