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5. The plaintiff accordingly sought the following reliefs against the defendant:
(i) A declaration that the seizure on the high seas by the owners of the Maxti
Corta, detention at Dakar Pott and subsequent sale of the plaintiffs vessel,
Ocean King 1 by the defendant is illegal and in contravention of
internationally accepted standard of maritime intercourse, particularly the
provisions of the Revised Treaty of the Economic Community of West
African States (ECOWAS) and the African Cha1ter on Human and Peoples'
Rights.
(ii) A declaration that the activities of the defendant as they relate to the
Ocean King 1 amount to piracy and acts of b1igandage on the high seas and
acts of hostility against a Community citizen.
(iii) An order of mandatory injunction compelling the defendant to
forthwith pay the plaintiff the sum of US $ 5,804,000.00 representing the
cost of the vessel and the loss suffered by the plaintiff as a result of the illegal
seizure aforesaid and the interest at the rate of 21% per annum starting from
1993 until the entire sum is liquidated.
(iv ) The sum of US $ 30,000,000.00 in general and punitive damages against
the defendant.
6. In their statement of defence, the defendant denied selling the vessel and they
referred to the various judicial proceedings that took place in her territory between
the plaintiff and Euskalduna over the plaintiff's refusal to pay the towing charges.
They stated the fact that eventually the court awarded the vessel to Euskalduna and
that the defendant was never a party to those proceedings. The only role they
played was to protect the vessel whilst the parties battled it out in the courts. The
courts were accessible to the parties and they were given a fair hearing in
accordance with the law. The defendant's officials did not take part in any of those
proceedings.
Preliminary Procedure
7. After filing the defence, the defendant raised a preliminary objection to the suit
on a number of grounds which were argued before the court. The plaintiff opposed
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