IREKEFE, J.S.C. (Presiding): I agree with the reasoning and conclusions in the lead judgement just read by my learned brother, Oputa J.S.C. I had earlier on read it in draft. I also will dismiss the appeal and abide by the orders made in the lead judgement aforesaid, inclusive of the order on costs.
ESO, J.S.C.: I had the advantage of reading in draft the judgement in this case which was written by my learned brother Oputa J.S.C. and I agree that the appeal fails and should be dismissed and it is hereby dismissed.
The only issue before this Court was whether the 1st Defendant/ Respondent was the proper person to be sued by the Appellant. The crux of the matter, I think, is to determine who the shipowners were in this case as in law the action of the Plaintiff is guided by the bill of lading which is the evidence of the contractual arrangement between the shippers and the shipowners. This is usually the case with carriers by sea. A difficulty arises however when the true owner gives out …