Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE OWNERS OF THE M. V.LUPEX
V.
NIGERIAN OVERSEAS CHARTERING AND SHIPPING LTD.

(2003) JELR 44793 (SC)    

Supreme Court  ·  SC.21/2000 ·  20 Jun 2003 ·  Nigeria
 · 
Other Citations
M. V. Lupex v. N.O.C. & S. Ltd. [2003] 15 NWLR (Pt.844)469 (2003) 6 S.C (Pt.II)62 (2003) 6 S.C (Pt.II)62
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court
respondent
proceedings
appeal
dispute
court of appeal
stay of proceedings
conciliation act
arbitration clause
trial court
high court
appellate court
charter-party agreement
federal high court
leading judgment
learned trial judge
trial high court
charter-party
decision of the court of appeal
facts of this case
laws of the federation of nigeria
stay of the proceedings
arrest of the vessel
arrest of this honourable court
breaches of the said charter-party
charterer of the defendant
claims damages
clear case
decision of the court
decision of the learned trial judge
enforcement of foreign arbitral awards
english courts
event of any dispute
exercise of the court
favour of international commercial arbitration
following orders
grant of a stay
high court judge
honourable court
learned counsel
learned judge
lord diplock
motion ex parte
order of this honourable court
relevant facts
strong cause
sufficient reason
view of the provisions of the arbitration

U. MOHAMMED, JSC (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Lagos Division. The plaintiff, who is respondent in this appeal, claims damages for the loss it suffered as charterer of the defendant's ship 'LUPEX' under a charter-party dated, 11th April, 1991. The loss was in consequence of the defendant's breaches of the said charter-party. The defendant is the appellant in this appeal. In an action which the respondent filed against the appellant in the Federal High Court, Lagos, the company claimed for the following reliefs:

"1. Balance due to the plaintiffs on final hire statement ... US $ 138,480.64

2. Loss of 13 days hire due to willful delays by the defendants ... US $ 62,400

3. Loss of hire paid when defendants wrongfully withdrew the vessel from charter in Brazil without justification

for 47 days and bunkers consumed during the said period ...US $ 324,770

4. Fees paid to the defendants' Nigerian agents at the defendants' reques…

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