M. v. BREUGHEL & ORS v. MONDIVEST LIMITED

The respondent instituted an action in rem against the appellants for acts of negligence and sought the following reliefs:
i. The sum of N700,000,000 (Seven Hundred Million Naira) for alleged damage to the Appellants property and economic losses resulting from the loss of its rental income on its property resulting from the alleged negligent acts of the M.V. Breughel and its sister vessel the Congo River;
ii. The sum of N3,000,000,000 (Three Billion Naira) being general damages for the alteration to Kuramo waters coastline, long term devaluation of the Claimants property and long term exposure of the Claimants property and foundations. Of property to ocean swells and sedimentary erosions;
iii. Interest on the above mentioned sums;
iv. A formal undertaking from the Defendants to restore the Kuramo waters to its original condition followed by a time frame/modalities of implementation for the restoration of Kuramo waters to its former longitude and latitude;
v. Costs of the action.

The Appellants in their statement of defence pleaded some points of law and applied to have the Court set them down for determination before commencement of trial. The appellants application dated the 9th December, 2015 sought the following orders:
i. AN ORDER setting down for hearing the points of law raised in paragraph 22 of the applicants statement of Defence dated 20th November 2015.
ii. AN ORDER dismissing the suit in its entirety for want of jurisdiction.
iii. AND FOR SUCH further or order(s) as this Honourable Court may deem fit to make in the circumstances.

The application was opposed by the Respondent herein and upon due consideration, the Court below dismissed the application and held that the Respondent has a locus standi to file the claim consequently, a cause of action established. Aggrieved by the said decision, the Appellants brought this appeal.
The Appellants Brief is settled by Kelechukwu K. Okwujiako Esq., led by Funke Agbor SAN and supported by other counsel on the team. It is dated 4th day of July, 2016 and filed on the 8th July, 2010 but deemed on the 3rd May, 2018. It set out 2 issues for determination as follows:
1. Whether the trial Court was right when it held that the Respondent has the locus standi to claim damages in the sum of N3,000,000,000 (Three Billion Naira) for the alleged alteration of the Kuramo Waters coastline an undertaking from the Appellants to restore the same?
2. Whether the learned trial Court was right when he held that the lower Court has jurisdiction to hear and determine the Respondents suit notwithstanding that the Appellants were agents of a disclosed principal and that the Respondent has disclosed no cause of action against the Appellants?

The Respondents brief was settled by Anthony Nkadi Esq., it is dated 22nd May, 2017, filed on the 23rd May, 2017 and deemed on the 3rd May, 2018. It formulated 2 issues for determination namely:
i. Whether having regard to the Respondents statement of claim, the trial Court was right in

…………………….B…………………….