(1997) JELR 45494 (CA)    

Court of Appeal  ·  CA/L/223M/92 ·  4 Jun 1997 ·  Nigeria
Other Citations
Finunion Ltd. v. M.V. Briz (1997) 10 NWLR (Pt.523)
Finunion Ltd. v. M.V. Briz (1997) 10 NWLR (Pt. 523) 95
SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
further affidavit
port harcourt
learned trial judge
tons of fish
amount of bail
federal high court
condition of the consignment of fish
detention of the vessel
great loss
interlocutory proceedings
plaintiffs claim
support of the motion
total consignment of fish
1st defendant
adequate denial
admiralty marshal of the court
alleged damage
apapa ports
arrested ship
basis of its reasonable arguable best case
cargo of consignment
circumstances of this case
claim of uss700,000
clear case
combination of other factors
frozen foods nigeria
full value of us
further order
general rule
good condition
lesser amount of bail
lower court
motion ex-parte
order of the plaintiff
order of the plaintiff company
paragraphs of that affidavit
said reply
second reason
see nigerian lng ltd. v
substantial averments of facts
substantive case
sufficient cause
supreme court
view of the earlier affidavit of the plaintiff

UWAIFO, J.C.A.: (Delivering the Leading Judgment): The plaintiff/appellant took out an action in rem against the defendants/respondents for an alleged damage done to a cargo of consignment of 9334 cartons of frozen fish (Horse Mackerel) shipped per the 1st defendant (The M. V. Briz) to the order of the plaintiff/appellant. The vessel sailed from Namibia to Port Harcourt and Apapa Ports and the cargo was delivered on or about the month of December, 1991. The plaintiff claimed that on delivery the cargo was found to be damaged. It therefore sued for its full value of US$700,000 (stated in the claim as USD 393,354 and N4,241,770.61). There is no dispute that the value of the cargo is US$700,000.

The vessel had sailed from Port Harcourt at the time the action was brought and was at the Apapa Port. The action had to be brought at the Federal High Court, Lagos. The Plaintiff by motion ex-parte applied for the arrest and detention of the vessel as security for its claim pending the determina…

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