Bonavista Shipping Corporation V. Akrontrade & Transportate De Venezuela C. A & Ors (2017) LLJR-CA - LawGlobal Hub
Bonavista Shipping Corporation V. Akrontrade & Transportate De Venezuela C. A & Ors (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL TIJJANI ABUBAKAR, J. C. A. (Delivering the Leading Judgment) This is an appeal against the Ruling of the Federal High Court, sitting in the Lagos Division delivered on the 17th day of December, 2014 by […]
Bonavista Shipping Corporation V. Akrontrade & Transportate De Venezuela C. A & Ors (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALTIJJANI ABUBAKAR, J. C. A. (Delivering the Leading Judgment)This is an appeal against the Ruling of the Federal High Court, sitting in the Lagos Division delivered on the 17th day of December, 2014 by Aneke J. in Suit No: FHC/L/CS/1841/2014. The Appellant herein commenced action against the Respondents by a Writ of Summons and Statement of Claim dated 28th November, 2014 as contained at pages 1 – 22 of the Records of Appeal. The Appellant simultaneously filed an Exparte Application on the same date seeking for the arrest of the 4th and 5th Respondents pending the provision of satisfactory Bank Guarantee to secure the claim of the Appellant against the Respondents as contained at pages 123 -131 of the Records of Appeal. Consequently, the Lower Court granted the Appellant’s Application on the 2nd day of December, 2014. The Respondents became aggrieved and therefore filed an Application dated 11th December, 2014 seeking to discharge the Exparte order of arrest and further set aside the Writ of Summons. ?In the Ruling delivered on the 17th day of December, 2014 the Lower Court found in favor of the Respondent and struck out the suit. The1Appellant became aggrieved by the decision of the Lower Court contained at pages 311 – 325 of the Records of Appeal and therefore filed a Notice of appeal containing two grounds of appeal dated 19th December, 2014 found at pages 326 – 328 of the Records of Appeal. The Appellants’ Brief of Argument was filed by Pablo Amadi Esq. on the 23rd of April, 2015 but deemed as properly filed and served on the 10th day of October, 2016. The Respondents’ Brief on the other hand was filed on the 5th day of October, 2016 but deemed as properly filed and served on the 17th day of January, 2017. The Respondents brief was filed by learned counsel, Victoria Ogude. Learned Counsel for the Appellant formulated and argued the sole issue for determination, the issue is reproduced as follows:Whether the Appellant’s claims against the Respondents was solely a claim for the provision for security for the arbitration proceedings in London?Learned Counsel for the Respondent on the other hand nominate and argued two issues for determination. The issues are also reproduced as follows:Whether the trial Judge was right in unconditionally releasing the24th & 5th Respondents from arrest.