(2011) JELR 49553 (CA)    
Court of Appeal  ·  CA/L/490/2006 ·  15 Jul 2011 ·  Nigeria
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria
Core Terms Beta
legal practitioner
notice of appeal
senior counsel
legal practitioners act
senior counsel mr. sowemimo
further affidavit
amended notice of appeal
mt venturer
roll of legal practitioners
grounds of appeal
lordships of the apex court
provisions of sections
registration of business names act
31st february
case of cole v
case of tanko v
case of the registered trustees of apostolic church
combined effect
court of a certificate of registration
effective date
federal high court
filing of a notice of appeal
following question
form of legal practice
issue of the respondents
l07 of the record of appeal
law firm
leading judgment
learned jurists
learned jurists of the apex court
learned senior counsel mr. sowemimo
name of the law firm
partial award
respective counsel
ruling of the federal high court
said award
said charterparty
said legal practitioners act
said notice
senior counsel mr. babatunde koku
senior counsel mr. koku
split decision
subject matter
view of the provisions of rider clause

CLARA BATA OGUNBIYI, J.C.A (Delivering the Leading Judgment): The background genesis of the facts leading to this appeal arose from a dispute between the appellant and the respondents as to the proper construction of certain clauses in a time charterparty entered into by the parties in November 1995.

The Respondents who are the owners of a tanker vessel named MT Venturer hired same to the appellant for the carriage of petroleum products from refineries overseas to ports within Nigeria and Nigeria from to other locations named by the appellant in several other ports of the world. The Charter party was to regulate the relationship between the parties.

The Charterparty was to expire on 31st February extended by a letter 1996 but was of 1st February 1996 on a month basis, By an Addendum dated 2nd December 1996 the said Charterparty concerning "MT Venturer was amended by substituting the "MT Venturer" with, MT Dignity" and the effective date for the substitution was the 1st day of August 1…

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