OWNERS OF M. T. VENTURER
V.
N.N.P.C.

(2010) JELR 51161 (CA)    

Court of Appeal  ·  CA/L/291/03 ·  12 Jul 2010 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO JCA (Presided) ADZIRA GANA MSHELIA JCA ADAMU JAURO JCA (Read the Lead Judgment)
Core Terms Beta
1st respondent
2nd respondent
appeal
nnpc act
section
subsidiary of the 1st respondent
issues
learned trial judge
appellant’s suit
ground of appeal
grounds of appeal
statement of claim
circumstances of this case
grounds
lead judgment
lower court
preliminary objection
said issue
separate legal entity
2nd defendant
2nd defendants
airline management support ltd
amended particulars of claim
appellant’s vessel
charter party agreement
d. edegbe
e. o. sanyaolu j
following cases
general principle
initial period
instance of the 1st respondent
issue number
jauro jca
jurisdiction of the court
lagos state environment protection
mr. a. c. igboekwe
mr. ayo olorunfemi
mr. j.c. ohekpo
mr. olakunle yusuff
notice of appeal
respective briefs of argument
respondents’ brief
respondent’s issue number
ruling of the federal high court
said charter party
sons transport co. ltd
subsidiary of the 1st defendant
support of this contention
support of this submission

JAURO JCA (Delivering the Lead Judgment): This is an appeal against A the ruling of the Federal High Court, Lagos, coram . E. O. Sanyaolu J delivered on 3 March 2003 dismissing the plaintiffs/appellant’s suit for being statute-barred. The facts giving rise to this appeal are as follows: By a charter party agreement dated 3 June 1988, the 1st respondent hired the appellant’s vessel, MT Venturer, for an initial period of one year with an option to renew for a further period at the instance of the 1st respondent. In accordance with clauses 8, 48, 49 and 58 of the said charter party, all payments for hire of the vessel were to be made monthly in advance. At the expiration of the agreement, the 1st respondent redelivered the vessel, MT Venturer to the appellant on 26 November 1991. The appellant as plaintiff instituted this action in the lower court on 10 March 1998, claiming the sum of US$276,138.75 (two hundred and seventy-six thousand, one hundred and thirty-eight US dollars, sevent…

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