M-I. Nigeria Limited V. Moses Omoduemuke (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI J.C.A, (Delivering the Leading Judgment)

This is an appeal against the Ruling of the High Court sitting in Warri, Delta State delivered on 22nd November, 2005. Ruling is at pages 23 -28of the Record of Proceedings. The Original Notice of Appeal is contained at Pages 29 -31 of the Record of Appeal. By a motion dated 28th November, 2006. The appellant sought the leave of this court to amend its notice and grounds of appeal. Before I set then out let me give the facts of the case that led to this appeal.

The appellant on the 6th of March 2003, under a written contract agreement hire from Respondent a flat top Barge known as Godshold III, The Appellant after inspecting the Barge took delivery of it and made an initial advance payment as rent for the Barge. After the expiration of the rent paid by the Appellant for a yearly advance payment of rent for the said Barge. The Appellant refused to pay the agreed rent for the Barge and also refused to return the Barge to the Respondent.

The Respondent gave evidence on the 18th of July, 2005 and the Appellant. The Writ of Summons, Statement of Claim and their Endorsement are contained at page 1 to 13 of the Records.

The respondent gave evidence on the 18th of July, 2005 and the Appellant’s Counsel commenced cross examination on the same date. Appellant’s Counsel thereafter asked for adjournment to enable him continue cross examination. The Appellant thereafter filed a Notice of Preliminary Objection challenging the jurisdiction of the High Court of Delta State to entertain the suit. Plaintiff’s evidence is at pages 14 to 18 of the Records. Appellant’s Notice of Preliminary Objection is at page 19 of the Record.

The Notice of Preliminary Objection was dismissed by the Learned Trial Judge on 22nd day of November, 2005. The Ruling of the Trial Court is contained at pages 23 to 28 of the Records”.

The appellant was dissatisfied and appealed to this court. His amended notice of appeal has two grounds of appeal.

“The Appellant on the 6th of March 2003, under a written Contract agreement hired from the Respondent a flat Top Barge known as Godshold III. The Appellant after inspecting the Barge took delivery of it and made an initial Advance payment as rent for the Barge. After the expiration of the rent paid by the Appellant for the Barge, the Respondent sent on invoice to the Appellant for a yearly advance payment of rent for the said Barge. The Appellant refused to pay the agreed rent for the Barge and also refused to return the Barge to the Respondent.

The respondent gave evidence on the 18h of July, 2005 and the Appellant’s Counsel commenced cross-examination on the same date. Appellant’s Counsel thereafter asked for adjournment to enable him continues cross-examination. The Appellant thereafter filed a Notice of Preliminary Objection challenging the jurisdiction of the High Court of Delta State to entertain the suit, Plaintiffs evidence is at pages 14 to 18 of the Records. Appellant’s Notice of Preliminary Objection is at page 19 of the records. The Notice of Preliminary Objection was dismissed by the Learned Trial Judge on 22nd day of November, 2005. The Ruling of the Trial Court is contained at pages 23 to 28 of the Records.

The appellant was dissatisfied and appealed to this court His amended notice of appeal has two grounds of appeal.

GROUND 1

That the trial Judge erred in law when she held contrary to the provision of the admiralty Jurisdiction Act No. 59 of 1991 and the Constitution of the Federal Republic of Nigeria 1999. That the High Court Delta State had Jurisdiction to entertain the claim in this suit.

Particulars supplied.

GROUND 2