THE VESSEL "SAINT ROLAND" & ANOR. V. ADEFEMI OSINLOYE
CITATION: (1997) LPELR-SC.101/1995
   
new OTHER CITATIONS:
1 The Vessel Saint Roland v. Osinloye (1997) 4 NWLR (Pt.500) 387
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Nigerian Coat of Arms
In The Supreme Court of Nigeria
On Monday, the 21st day of April, 1997
Suit No: SC.101/1995
 
 Between
1. THE VESSEL "SAINT ROLAND"
2. OWNERS OF THE VESSEL "SAINT ROLAND"
Appelants
 
 And
ADEFEMI OSINLOYE Respondents
 
SUMMARY OF JUDGMENT 

By a writ of summons issued on the 21st day of January, 1992 in the Lagos Judicial Division of the Federal High Court of Nigeria, the plaintiff instituted an action against the defendants jointly and severally claiming as follows:-

"The plaintiff's claim against the defendants jointly and severally is for the sum of N200,000.00 being special and general damages for conversion of the plaintiff's 505 Peugeot saloon car which was delivered to the defendants for shipment from Germany to Lagos on board the Vessel "SAINT ROLAND". The learned trial judge after a close appraisal of the averments in the affidavits in support of the two applications and the submissions of learned counsel could not be persuaded that the learned counsel for the plaintiff had acted rightly in lodging the Bank Draft into the Bank without due regard to the subsisting valid agreement between counsel.

Nonetheless she declined to make any pronouncement on whether the action of the plaintiff by keeping the defendant's N200,000.00 even after he had discontinued his suit amounted to an abuse of process. She based her decision on whether or not to set aside the Notice of Discontinuance for the purpose of which she affirmed its validity and struck out the plaintiff's action.

Dissatisfied with the said ruling, the defendants lodged an appeal against the same to the Court of Appeal, Lagos Division which in an unanimous decision dismissed the appeal. Aggrieved by this decision of the Court of Appeal, the defendants further appealed to the Supreme Court.

   
Appearances
 
Dr. Eyimofe Atake (with him,
Adewale Atake, Esq.)
For the Appelants
 
Professor A.B. Kasunmu, SAN (with him,
O.M. Lewis (Miss))
For the Respondents