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(2018) JELR 39044 (CA)

Court of Appeal 25 Jun 2018 Nigeria
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- This case involves an appeal against a judgment of the Federal High Court that limited the liability of the respondent. - The appellant had filed a suit seeking damages for damage done to its property by the respondent's vessels. - The re

Case Details

Suit Number:CA/L/531/2016
Judges: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
Counsel:DOLAPO AKINRELE, SAN WITH HIM, ANTHONY NKADI, JACINTA OBINUGWU and KEMI OLUWA For Appellant FUNKE AGBOR, SAN with him, K. K. OKWUJIAKO For Respondent

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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