Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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