Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AWOLAJA & ORS.
V.
SEATRADE G.B.V

(2002) JELR 44629 (SC)    

Supreme Court  ·  SC.136/1997 ·  8 Feb 2002 ·  Nigeria
 · 
Other Citations
Awolaja v. Seatrade G. B. V. (2002) NWLR 4 (Pt.758) 520
Awolaja v. Seatrade G. B. V. (2002) 4 NWLR (Pt. 758) 520
CORAM
SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC ANTHONY IKECHUKWU IGUH JSC ALOYSIUS IYORGYER KATSINA-ALU JSC EMMANUEL OLAYINKA AYOOLA JSC

Ratio Decidendi

Core Terms Beta
charter parties
terms of such charter parties
bills of lading
decision of the court of appeal
evidence act
contract of affreightment
notify party
main issue
s. m. a. belgore
bill of lading exhibits l
documents exhibits ee-ef
leading judgment
conditions of agreement
main terms
federal high court
trial judge
high court
signed contract
practice of charter party
virtue of section
evidence of the 2nd witness
general practice
second appeal
use of words
defendants
total sum of us
contents of the bills of lading
ship owner
m.v frost castor
1st defendant
i. l. kutigi
terms of a contract of affreightment
statutory provision
appeal
documents
guiding principles
such incorporation
telex negotiations
charter party
a. i. iguh
conditions of the charter party
sufficiency of such general incorporation clause
exchange control acts
appeal of the appellants
court of appeal
written document
contrary evidence

E. O. AYOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal whereby the judgment entered by the Federal High Court for Seatrade Groningen B.V. the respondent in this appeal (which was plaintiff), and dismissing the appellants' counterclaim was confirmed and the appeal of the appellants (defendants in the High Court) was dismissed. This is a second appeal in the case. For convenience the appellants are referred to as "the defendants" and the respondent as "the plaintiff' in this judgment. The plaintiff claimed against the defendants jointly and severally the total sum of US $229,713.3 and ₦304,410.64 together with interest being discharging fees, transportation and storage charges and legal expenses in respect of two cargoes of frozen fish ordered by the defendants and severally brought to Nigeria in the plaintiff's vessels M.V. "Frost Castor" and MV "Normandic." The defendants counterclaimed for a total sum of ₦750,233.80 being co…

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