(2000) JELR 44163 (SC)    

Supreme Court  ·  SC.133/1997 ·  30 Jun 2000 ·  Nigeria
Other Citations
Brawal shipping Ltd. V. F.I Onwadike Co. Ltd. (2000) 11 NWLR (Pt.678) 387 (2000) 6 S.C (Pt II) 33 (2000) 6 W.R.N 82 S.C
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA -ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
lower court
1st defendant
bills of lading
grounds of appeal
ngo west africa ltd.
1st respondent
court of appeal
merchant shipping act
learned trial judge
2nd defendant
back of the bills
bills of lading contract
last indorsee of the said bills
provisions of section
quantities of icelandic fish heads
right of action
attention of the court
bad order list
behalf of the plaintiff
bill of lading contract
bills of exchange
claim of n2,160,820.00
considered ruling
court hold
effect transfer of property
endorsee of the relevant bills of lading
endorsement ngo west africa ltd.
endorsement of the bills of lading
federal high court
first bank of nigeria
following issues
kinds of indorsement
laws of the federation of nigeria
leading judgment
norfish ltd.
own issue
present appeal
shipment of the said fish heads
statement of claim shows
such indorsement
such mere indorsement passes property
top of the bills of lading
various decisions of this honourable court
way of demurrer

UWAIFO, J.S.C. (Delivering the Leading Judgment): The appellant is the 1st defendant against whom, along with the 2nd defendant, a claim of N2,160,820.00 is made in this suit which was instituted in the Federal High Court, Port Harcourt. The statement of claim shows that in 1991, the plaintiff (now 1st respondent) purchased some quantities of Icelandic fish heads from its customers in Iceland.

Upon two bills of lading made in Iceland [No. C.116 of 24 April, 1991 and No. C 416 of 29 May, 1991], the 1st defendant undertook the shipment of the said fish heads, clear on board on behalf of the plaintiff to the port of delivery in Port Harcourt. The fish heads were covered by the Insurance Policy of the 2nd defendant against all risks, losses or damages. The fish heads were examined before shipment and a Certificate of Clearance in accordance with import requirements of the Federal Government of Nigeria was issued.

When eventually the two ships carrying the fish heads landed at the port i…

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