F.M.H.
V.
COMET SHIPPING AGENCIES

(2009) JELR 51187 (SC)    

Supreme Court  ·  SC. 235/2003 ·  3 Apr 2009 ·  Nigeria
CORAM
DAHIRU MUSDAPHER JSC (Presided) IKECHI FRANCIS OGBUAGU JSC (Read the Lead Judgment) FRANCIS FEDODE TABAI JSC JAMES OGENYI OGEBE JSC MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC
Core Terms Beta
court
issues
appellants
case
trial judge
law
inter alia
pages
trial court
judgment of the trial court
justices of the court of appeal
respectful view
1st plaintiff
liability of a bailee
circumstances of the case
ogbuagu jsc
admiralty jurisdiction act
grounds of appeal
lead judgment
lower court
decision of the court of appeal
nigerian ports authority
said judgment
statement of claim
theadmiralty jurisdiction act
2nd plaintiff
action congress
appeal of the respondent
close of the respective case of the parties
debit note
debit notes
detention of the said drugs
documentary proof
goods arein thecustody
number of exhibits
plaintiff ought
possession of the defendant
reasoning of the trial judge
respect of the plaintiffs
respondent’s case
said decision
said sum
settled principle of law
special damages
spite of the above finding of fact
sum of us
tail end of page
weight of evidence

OGBUAGU JSC (Delivering the Lead Judgment): This is an appealagainst the decision of the Court of Appeal, Lagos Division (hereinafter called “the court below”) delivered on 2 December 2002 allowing the appeal of the respondent and setting aside, the judgment of the trial court delivered on 16 November 1999. Dissatisfied with the said decision, the appellants, have appealed to this court on four grounds of appeal. Without their particulars, they read as follows: “A. Error in law

The Justices of the Court of Appeal erred in Law when they held:

“the lower court should have invoked section 16(1 ) which makes the carriers liable for the wrongs committed by their agent rather than section 16(3) which is only concerned with wrongs done by the ship .” (Italics mine) B. Error in law

The Justices of the Court of Appeal erred in law when they held: “On the facts available I think that the plaintiff ought to have brought their claim only against the carrier and not the defendant. The facts n…

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