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THE OWNERS OF THE MV MSC AGATA & ANOR
V.
NESTLE NIGERIA PLC & ANOR

(2012) JELR 50541 (CA)    
Court of Appeal  ·  CA/L/807M/09 ·  5 Jun 2012 ·  Nigeria
 · 
Other Citations
The Owners MV MSC Agata v. Nestle (Nig.) Plc (2014) 1 NWLR (Pt. 1388) 270
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
counsel
federal high court
rules
civil process act
issue
trial court
writ of summons
1st respondent
jurisdiction of the court
2nd appellant
local agent
1st appellant
appellants' counsel
cause of action
civil procedure
service of the writ of summons
civil processes act
proper service
trial judge
2nd respondent
admiralty action
commencement of an action
prior leave of court
ruling of the learned trial judge
service of the writ
statement of claim
1st defendant
1st respondent action
2nd defendant
applicable laws
chelsea maritime ltd.
exercise jurisdiction
humble view
interlocutory appeal
laws of the federation of nigeria lfn
leading judgment
learned respondent's counsel
lower court
nigerian shipping cases
owners of the mv msc agata
provisions of section
purported substituted service of the 1st appellant
resident outside jurisdiction of the court
said vessel
said writ of summons
senior counsel
sister ship
sole issue
time of the issue of the writ

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Hon. Justice Charles Efanga Archibong sitting at the Federal High Court, Lagos Division delivered on the 4th of May 2009. The facts that led to the appeal are as follows:

The Plaintiff, now 1st Respondent commenced an admiralty action at the trial court on the 23rd of February, 2007 via a writ of summons and statement of claim against 1st Defendant now 1st Appellant, the 2nd Defendant, now 2nd Appellant and the 3rd Defendant, now 2nd Respondent claiming damages for breach of a contract of affreightment for the non-delivery of two containers numbered GSTU 651256/6 and GSTU 897803/9 which were shipped on board the said vessel from Antwerp, Belgium to Apapa Port, Lagos, Nigeria.

Upon service of the writ of summons and statement of claim on the 1st and 2nd Defendants (now Appellants), the Appellants filed a Motion on Notice dated 30th of October, 2008 praying the court …

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