Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1992) JELR 40109 (CA)    

Court of Appeal  ·  CA/L/271/89 ·  27 Jul 1992 ·  Nigeria
Other Citations
Awolaja v. Seatrade Groningen (1993) 3 NWLR (Pt.280)
Awolaja v. Seatrade Groningen B.V. (1993) 3 NWLR (Pt. 280) 209
IBRAHIM KOLAPO SULU-GAMBARI Justice of The Court of Appeal of Nigeria UMARU ATU KALGO Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
carriage of goods
charter parties
learned trial judge
chartering practice
evidence of p.w.2
1st appellant
amended statement of claim
chief williams s.a.n.
conditions of the charter parties
signing of the agreement
trial court
addresses of counsel
charter-party agreement
clear evidence
considered judgment
contract of affreightment
court make
dismissal of the counter-claim
end of the trial
entire carrying capacity of his vessel
evidence of p.w.
federal high court
following questions
general manager
gravamen of the submission of chief williams
holders of the relevant bills of lading
issue of absence of signature
leading judgment
learned author
learned authors of shipbroking
learned counsel
learned s.a.n.
leave of the court
light of chief williams s.a.n. submission
relevant charter parties
said charter-parties
ship owner
shipping manager
starting point
terms of the bills of lading
terms of their counter-claim
unsigned charter-party
various forms

UMARU ATU KALGO, J.C.A. (Delivering the Leading Judgment): This appeal arises from a claim for the carriage of goods by sea on a charter-party. There were two ships involved which took frozen fish from Holland for delivery to the 1st appellant in Apapa, Lagos. The ships arrived in Lagos on schedule but were not off loaded by the appellants on time. This gave rise to the claim by the respondent as plaintiff in the Federal High Court, Lagos, which reads:-

"The Plaintiff's claim is for demurrage/damages for detention and ancillary discharging expenses due from the defendant in relation to M.V. NORMANDIC and M.V. KROST CASTER which vessels owned by the Plaintiff transported frozen fish from Ijmuiden, Holland for delivery to the Defendant in Apapa Lagos in December, 1987/January 1988 whereby the Defendant became liable to pay Demurrage/Damages for detention and ancillary discharging expenses pursuant to the terms of the Bills of Lading and the relevant charter parties. The Demurrage/Damage…

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