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MV "WESTERN STAR" & ORS
V.
B.L. LIZARD SHIPPING COMPANY LTD

(2013) JELR 35578 (CA)

Court of Appeal 7 Aug 2013 Nigeria
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Case Details

Suit Number:CA/L/868/2009
Judges:CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:Ayo Olorunfemi Esq. with Rotimi Amuwo Esq. and A. Femi-Afolayan (Miss) For Appellant Victor Ogunde Esq. with Oguejiofor Chike Esq. For Respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): By a writ of summons and Statement of Claim dated 20th November, 2006 but filed on the 22nd November, 2006, the Respondent as Plaintiff claimed against the Appellants/Defendants jointly and severally as follows:

"1. The sum of US$121,650 being the outstanding cost for the bunkers supplied to the 1st Defendant by the Plaintiff.

2. Interest on the above sum at the rate of 2% per month from the 26th March 2006 till judgment and thereafter at the rate of 10% per annum until the judgment debt, interest and costs are fully liquidated.

3. US$30,000 being the legal costs incurred by the Plaintiff in respect of this matter.

4. A declaration that the beneficial ownership of the 1st Defendant is vested in the 2nd Defendant Eastern Star Shipping Company Ltd."

The Respondent's case is that it is a registered foreign company engaged in the business of supplying bunkers and lubricants to ships. It pleaded that the 2nd Defendant/Appel…

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