Bouygues Nigeria Limited V. O. Marine Services Limited (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal against the decision of the Mustapha J. of the Federal High Court sitting in Port Harcourt Division delivered on 5/3/2002.

The plaintiff, now the respondent/cross-appellant claimed before the court below as per its Amended Statement of Claim and Reply to counter-claim as follows.

“i. The sum of N 16,416,300 representing the cost of replating the barge and fully restoring it to its sea worthy pre-accident condition.

ii. The sum of representing the lost hire income from the barge from 24/6/97 to the date filing of the Writ at N40,000.00 per day = N3,960,000 and the sum of N40,000.00 per day till the date of judgment and settlement of judgment debt thereon.

iii. The cost of salvage of the still submerged barge based on an estimate from Deep See Brothers N2,394,000.00”

The defendant. (now appellant/cross-respondent also counter claimed as per paragraph 35 of its Amended Statement of Defence and Counter claim as follows:-

“35. WHEREFORE the defendant counter-claims against the plaintiff the sum of N11,599,449.30 being special and general damages made up as follows:-

(a) cost of the salvaging and refloating of the submerged barge – N7,225,000

(b) Cost of support service in re (a) above – N3,202,879.30

(c) cost of 2 divers services and hiring of equipment – N 20,2000

(d) Cost of dive inspection – N 26,250.00

(e) Part advance payment of cost of dredging sand – N300,000.00

Part advance payment of cost of dredging/salvaging of barge N200,000.00