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…