Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MONDINVEST LTD
V.
DREDGING ENVIRONMENTAL & MARINE NV

(2018) JELR 39044 (CA)    

Court of Appeal  ·  CA/L/531/2016 ·  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

Ratio Decidendi

Core Terms Beta
appellant
limitation of liability
merchant shipping act
learned trial judge
ship owner
such loss
respondents
appellants property
relevant permits
illegal activities
limitation of liability of the respondent
maritime claims
entire duration of the eko atlantic project
favour of the respondent
future negligent acts
liability of the respondent
liability of the vessel
m.v congo river
omissions of the respondent
above findings of the trial court
admiralty action
appellants claim
carte blanche limitation of liability cover
commissions of the respondent
creation of a limitation fund
decision of the court
documentary proof
evidence of the sea worthiness
federal high court
general damages
judgment of the federal high court
leading judgment
learned judge
licensed pilot
likely cause damage
limit of liability
mv congo river
nigerian merchant shipping act
nigerian ports authority act
operation of the respondents ships
owners of the offending vessels
parties unknown
ports precincts
provisions of the section
result of his act
said judgment
ship owner fails
total disregard of limits
unlawful acts
vessel m.v breughel

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is predicated on a judgment of the Federal High Court delivered on the 16th day of February, 2016 by HON. JUSTICE BUBA in suit No: FHC/L/CS/1611/2015 wherein the Court limited the liability of the Respondent. Dissatisfied with the decision of the Court, the Appellant filed an amended Notice of Appeal on the 15th June, 2016 setting out 5 grounds of appeal.

The Appellant commenced an admiralty action in rem against the vessel M.V BREUGHEL and sister vessel, the M.V CONGO RIVER before the Federal High Court, Lagos seeking various reliefs which are principally damages for the damage done to its property including the sum of ₦700million and ₦3 billion general damages.

By the nature of the action, the vessel was arrested and detained until a bank guarantee in the sum of ₦3.7 billion was posted for her release while the matter was set down for determining the liability of the vessel on the merit in SUIT NO: FHC/L/CS…

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