C. S. MBHCO.
V.
EMESPO J. CONT. LTD.

(2000) JELR 79227 (CA)    
Court of Appeal  ·  19 Apr 2000 ·  Nigeria
 · 
Other Citations
C. S. MBHCo. v. Emespo J. Cont. Ltd. (2002) 3 NWLR (Pt. 753) 205
CORAM
GEORGE ADESOLA OGUNTADE, J.C.A. (Presided), SULEIMAN GALADIMA, J.C.A. (Read the Leading Judgment), KUMAI BAYANG AKAAHS, J.C.A.
Core Terms Beta
application
defendant
suit
respondent
action
joinder of the appellant
1st defendant
issues
law
cause of action
learned trial judge
2nd day of may
bill of lading
expiry of the limitation period
owners of m. v. concordia
second defendants
appellant joinder
breach of contract
case of misnomer
co. ltd.
court copy of paper writings
discovery of the joinder
expiration of the relevant limitation period
facts of the case
facts of this case
federal high court
final conclusion
following orders
international convention
issue of time bar clause
joinder of a party
kaycee v
lower court
main issue
nocs ltd
order of the lower court
owners of the vessel m.v. concordia
present appellant corona schiffartsgessellschaft
provisions of the carriage of goods
said document
second issues
see pages
set aside
short delivery
spare parts
terms of the contract of carriage
third issue
time bars

GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Auta J. of the Federal High Court, Lagos, delivered on the 2nd day of May, 1997, wherein the learned trial Judge refused to set aside the appellant joinder as the defendant and as well as an order striking out the suit against the appellant on the grounds that the joinder of the appellant as a defendant after expiration of the relevant limitation period was decisive of the respondent's suit.

Briefly, the facts of this case are as follows: By a writ of summons dated 31/8/92, the respondent, as plaintiff, commenced action in personam against C.M.B.S.A. who were described as the owners of the vessel M.V. Concordia and Umarco (Nigeria) Plc., as first and second defendants respectively. The respondent's claim was for breach of contract and/or damages for negligence for the short delivery of 12715 pieces diverse motor spare parts stored in a container and laden on board the M.V. Concordia.

These two de…

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