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NIMASA & ANOR
V.
HENSMOR NIGERIA LTD

(2014) JELR 48704 (CA)

Court of Appeal 14 Mar 2014 Nigeria
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- The Respondent brought an action against the Appellants, claiming various reliefs including a declaration that the detention of their vessel was unlawful, an order setting aside the detention order, and damages for loss of use of the vess

Case Details

Suit Number:CA/L/62/2012
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:CHIEF A. S. AWOMOLO (SAN), DR. FABIAN AJOGWU (SAN) with V. N. OREKYEH (MRS), C. R. MEGAFU, U. ONUGU ESQ. and D. AKEBATA For Appellant KOLA AWODEIN (SAN) with P. N. OMORODION (MRS) and C. E. OJI (MS) For Respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Respondent as the Plaintiff at the Federal High Court, Lagos Division brought this action against the Appellants, who were sued as Defendants, claiming the following reliefs in paragraph 23 of its Statement of Claim:

1. A DECLARATION that the indefinite detention of the plaintiffs Vessel, M.T. AGBOMIEN by the Defendants since 14th March 2006 pursuant to a Ship's Detention order Reference NMA/APP/006/01 dated 14th March 2006 on ground of UNSEAWORTHINESS is unlawful, unjustified, unconstitutional, illegal, null and void.

2. AN ORDER SETTING ASIDE the Ship's Detention Order dated 14th March 2006 and directing the Defendants to release the Plaintiff's vessel M.T. AGBOMIEN unconditionally.

3. A DECLARATION that the unlawful detention of the Plaintiffs Vessel, M.T. AGBOMIEN by the Defendants occasioned and facilitated the subsequent theft of 63 metric tons of kerosene valued at N5.02 Million aboard the Plaintiff's vessel …

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