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Whereas the plaintiff, even if they were not heard in the last proceedings, upon
becoming aware of this final decision could have taken steps to set it aside;
And whereas the plaintiff failed to do so;
And whereas there is no evidence to decide that the defendant sold the vessel;
And whereas there is no evidence of any adverse role played by the defendant's
agents in the Joss of the vessel to the plaintiff;
the Court decides that the defendant bears no liability for the loss of the vessel.
CONCLUSION
74. In view of foregoing reasons, the plaintiffs action has not been sustained and it
is accordingly dismissed.
COSTS
75. The parties are to bear their own costs.
This decision has been rendered in public sitting of the Community Court of
Justice, ECOWAS, before
Bon. Justice Hansine Donli--------------------Presiding
Hon. Justice Awa Nana Daboya-------------Mernber
Hen. Justice Anthony A. Benin--------------Member
Assisted by Tony Anene-Maidoh-----------Chief Registrar
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