ROTEC ENGINEERING LTD
V.
N.A.O.C.

(2014) JELR 50973 (CA)

Court of Appeal · CA/L/354/2011 · 19 Nov 2014 · Nigeria

CORAM

AMINA ADAMU AUGIE JCA (Presided) SAMUEL CHUKWUDUMEBI OSEJI JCA (Read the Lead Judgment) ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA

Ratio Decidendi

Core Terms ^Beta

1st defendant

1st respondent

2nd respondent

contract

crude oil

ramp barge

statement of claim

kodo-lee enterprises

learned trial judge

tug boat

appellant’s statement

delta state

exhibit dr

lower court

samabri flow station

statement of defence

sufficient relationship of proximity

contract agreement

respondents

1st respondent’s admission

amended statement of defence

appellant’s claim

crude oil spillage

existing duty of care

issue no.

owner of the vessels

sole issue

breach of duty of care

defendants

judgment of the federal high court

lead judgment

trial court

above reproduced portions

appellant’s issue

briefs of argument

claim of negligence

conveyance of the 1st respondent

cost of the damaged vessels

facts of this case

findings of the lower court

negligent act

nigerian agip oil company limited

order of the lower court

plaintiff claims

pleadings of the parties

poor state

ramp barger

said damages

trial court fails

OSEJI JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Federal High Court, Lagos Division, delivered by Olatoregun-Ishola on 28 February 2011, wherein the appellant’s claim was dismissed.

The appellant (Rotec Engineering Ltd), had as claimant in the trial court filed a writ of summons against the two defendants(now respondents). But in her claims, both in the writ of summons and statement of claim dated 3 June 2009 the reliefs sought were against only Nigerian Agip Oil Company Limited, the 1st defendant (now respondent) and it reads thus:-

Whereof the plaintiff claims against the 1st defendant as follows:-

1. The sum of ₦300,000,000.00 (three hundred million naira only), being the cost of the damaged vessels - Raido and Okon (tug boat and ramp barger), general damages suffered by the plaintiff and expenses incurred by the plaintiff since December 2008, when the said damages was done by the 1st defendant.

2. Interest per annum at 21% on the said sum of ₦300…

ROTEC ENGINEERING LTD V. N.A.O.C.

ROTEC ENGINEERING LTD
V.
N.A.O.C.