(2018) JELR 38801 (CA)    

Court of Appeal  ·  CA/L/627/2015 ·  31 Jan 2018 ·  Nigeria
UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
lower court
exhibit pw1
memorandum of agreement
senior counsel
favour of the respondent
sum of us
admiralty jurisdiction act
claim of the respondent
debt acknowledgement agreement
oral evidence
agreement of carriage of goods
following cases
requisite jurisdiction
action of the respondent
amended reply
c lines v
documentary evidence
evidence of the parties
facts of the case
leading judgment
preponderance of evidence
said document
such evidence
totality of evidence
a.g. rivers state
alleged failure of the appellant
appellant various cargoes of bulk cement
contract of carriage
counsel of both parties
failure of the appellant
following reliefs
lead judgment
learned trial judge property
material facts
record of appeal
said amount of the rate
subject matter of exhibit pw1
trial of this case
united states dollars
written document

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court Lagos Division in Suit No: FHC/L/CS/773/2012 delivered on 26th May, 2015, by Honourable Justice M.H. Kurya in favour of the Respondent.

The material facts grounding this appeal are that the Appellant and the Respondent were involved in a business transaction under which the Respondent supplied the Appellant various cargoes of bulk cement on credit, which after being supplied, accumulated demurrage due to the alleged failure of the Appellant to discharge the cement as at when due.

Upon the failure of the Appellant to discharge the sum allegedly owed under the transaction, the Respondent instituted an action before the lower Court vide a Writ of Summons dated 9th December, 2010, claiming the following reliefs:

i. The sum of US$12,064,435,000 (Twelve Million, Sixty Four Thousand, Four Hundred and Thirty Five United States Dollars) being demurrage that accrued on s…

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