Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1996) JELR 45908 (SC)    

Supreme Court  ·  SC.126/1989 ·  13 Dec 1996 ·  Nigeria
Other Citations
Alfotrin Ltd v. A.G., Fed (1996) 9 NWLR (Pt.475) 634
Alfotrin Ltd. v. A.-G., Fed. (1996) 9 NWLR (Pt. 475) 634
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
present case
exhibits p-p1
tassos n
exhibits a-a3
mv fotini
2nd defendant
exhibit r
privity of contract
statement of claim
court of appeal
gilt investment ltd.
letter of credit
carbolic smoke ball co.
contractual obligation
decision of the trial court
diversion of the vessel
learned justices of the court of appeal
payment of demurrage
common ground
discharge of the cargo of cement
facts of this case
favour of the respondents
learned trial chief judge
said contract
voyage charter
agreed price of the cement
balance of demurrage
cement contracts
contract of sale
contractual relationship of whatever nature
detention of their vessel
favour of the said gilt investment ltd.
federal high court of nigeria
federal military government of nigeria
judgment of the court of appeal
leading judgment
learned counsel
main question
outstanding balance of demurrage of us
portion of an agreement
ports of lagos
reason of the facts
said charter-party
subsequent trial
terms of the said letter of credit

IGUH, JSC (Delivering the Leading Judgment): In the Federal High Court of Nigeria, holden at Lagos, the plaintiffs, who are now the appellants, instituted an action against the defendants, now the respondents, claiming, as subsequently amended, as follows:-

"(a) Balance of demurrage

found due - US $284,500.00

(b) Interest at 11 1/2%

from 9/2/78 to 9/2/85

and continuing - 233.996.30

US $518.496.30

(c) Alternatively to (b) above: such rate of interest on the outstanding balance of demurrage of US $284,500.00 as the Court may deem equitable. Alternatively the plaintiff claims the sum of $518,496.30 as pleaded in paragraph 22."

The plaintiffs claimed that the demurrage was occasioned by the detention of their vessel, "MV Fotini" at the ports of Lagos (Nigeria), and at Takoradi and Tema (Ghana) for a total of 292 days.

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

In paragraph 18 of the plaintiffs' further amended statement of claim, it was averred as fo…

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