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…