NPA PLC
V.
LOTUS PLASTICS LTD. & ANOR

(2005) JELR 46152 (SC)    

Supreme Court  ·  SC.103/2001 ·  16 Dec 2005 ·  Nigeria
 · 
Other Citations
N.P.A. Pic v. Lotus Plastics Ltd. [2005] 19 NWLR (Pt.959)158
CORAM
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
action
plaintiff
cause of action
statement of claim
nigerian ports decree no.
present case
provisions of section
breach of contract
court of appeal
respondent
statutory duties of the appellant
1st defendant
ports decree no.
such port facilities
good condition
public duty
construzioni generali fcs
court of appeal act
provision of section
statutory duties
such pilotage services
trial federal high court
cost of the bus
failure of the plaintiff
federal high court
months period
nigerian ports authority decree no.
nigerian ports authority plc
private contract
2nd defendants
case of adimora v
competence of the plaintiff
court of appeal lagos division
functions of the 1st defendant
honourable court
issue of the alleged failure of the plaintiff
leading judgment
learned judge of the trial court
objection of the 1st defendant
period of limitation
pt defendant
requirement of the law
said counsel
time bar provisions of the ports act
united nigeria insurance company plc

MOHAMMED, J.S.C. (Delivering the Leading Judgment): By a writ of summons dated 10-4-96, the plaintiff, Lotus Plastics Limited, instituted an action at the Federal High Court sitting at Lagos against the Nigerian Ports Authority Plc and Elder Dempster Agencies Limited as 1st and 2nd defendants respectively and claimed the following reliefs:-

1. The sum of US$49,300.00 cost of the bus and freight or its Naira equivalent at a date of judgment on commercial exchange rate.

2. The sum of N300,000.00 cost of survey.

3. The sum of N1,000,000.00 general damages.

Pleadings were ordered by the trial Federal High Court on 047- 96. The plaintiff duly complied with this order by filing its statement of claim on 23-7-96. However, the pt defendant, the Nigerian Ports Authority Plc, without filing its statement of defence decided to challenge the competence of the plaintiff's claim against it by filing a motion on notice dated 16-8-96 pursuant to Order 27 rules 1 and 3 of the Federal High Court Civil…

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