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…