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
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Core Terms Beta
carriage of goods
learned trial judge
evidence of p.w.2
amended statement of claim
chief williams s.a.n.
conditions of the charter parties
signing of the agreement
addresses of counsel
contract of affreightment
dismissal of the counter-claim
end of the trial
entire carrying capacity of his vessel
evidence of p.w.
federal high court
gravamen of the submission of chief williams
holders of the relevant bills of lading
issue of absence of signature
learned authors of shipbroking
leave of the court
light of chief williams s.a.n. submission
relevant charter parties
terms of the bills of lading
terms of their counter-claim
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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