Nigerian Maritime Administration And Safety Agency & Anor V. Hensmor Nigeria Ltd (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Lead Ruling)

The Appellants/Applicants have brought this notice in a motion filed on the 17th day of May, 2012, praying this Honourable Court for the following viz:

1. That the Appellants/Applicants be granted an extension of time within which to apply for an order varying or alternatively discharging the order of the Federal High Court made on the 3rd day of February, 2012 that the Judgment debt of Six Billion Naira be paid to the Chief Registrar of the Federal High Court within 14 days pending the determination of the appeal herein.
2. An order varying or alternatively discharging the order of the Federal High Court made on the 3rd day of February, 2012 that the Judgment debt of Six Billion Naira be paid to the Chief Registrar of the Federal High Court within 14 days pending the determination of the appeal herein.
3. An Order that there be an accelerated hearing of the Appeal filed herein against the Judgment of the Federal High Court dated 2nd December, 2011 awarding damages of Six Billion Naira to the Respondent.

And for such further or other orders as this Honourable Court may deem fit to make in the circumstances.

The application is supported by an affidavit of nineteen (19) paragraphs sworn to by one Bibiana Orekyeh, a lawyer, in the chambers of Louis Mbanefo & Co, who is representing the Appellants/Applicants.

Annexed to the affidavit in support of the application are Exhibits “BO1”, “BO2”, two Exhibits marked “BO3” and Exhibit “BO4” respectively.

Exhibit “BO1” reads “Amended Notice of Appeal” Exhibit “BO2” is Certified True Copy of the Ruling of the Honourable Justice O.E. Abang of 3rd February, 2012 in Suit No. FHC/L/CS/909/10 whereby he ordered thus while staying the Judgment of the Court.

“That the 1st Judgment Debtor, Nigerian Maritime Administration and Safety Agency shall within fourteen (14) days from today pay into this Court the adjudged sum of $39,637,000.00 or its name equivalent plus N5, 040,000.00 being the judgment sum in this matter.”

Exhibit BO3 are two. They are Certified True Copy of Notice of Appeal filed on 10th May, 2012 and Notice of Withdrawal of Appeal from the Supreme Court dated 15th May, 2012 and filed on the 16th May, 2012.

Exhibit “BO4” is the Appellants’ Brief of Argument.

The Appellants/Applicants bring this application ostensibly pursuant to Order 7 Rules 1, 3 and 10: Order 18 Rule 11 of the Court of Appeal (Civil Procedure) Rules 2011, and Section 17 of the Court of Appeal Act Cap C 36 FRN 2004 and under the Inherent Jurisdiction of this Honourable Court.

Let me quickly observe here that there is no Law known as the Court of Appeal (Civil Procedure) Rules 2011.

This is because the Court of Appeal Rules 2011 has in its General Provisions as to short title in order 1 Rule 1 thus:-

“These Rules may be cited as the Court of Appeal Rules, 2011 and shall come into force on the 1st day of April, 2011.”

Learned senior counsel should in future, endeavour to cite Laws and Rules accurately, in order not to mislead the Court and indeed the adverse party. This is desirable.