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HILLARY FARM LTD & ORS
V.
M.V MAHTRA & ORS

(2007) JELR 47203 (SC)

Supreme Court 15 Jun 2007 Nigeria
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- The case involves a dispute over the loss of goods in two containers that were shipped from Russia to Nigeria. - The containers were discharged from the ship and placed in the custody of the Nigerian Ports Authority. - The plaintiffs alle

Case Details

Suit Number:SC.43/2002
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:L. N. Mbanefo SAN (with him, Chief P. O. Offia) - for the Appellants For Appellant Ejide Sodipo [Miss] (with her, Adesoye Adeyemi, Esq.) - for the Respondents For Respondent
Other Citations:Hilary Farms Ltd. v. M/V "Mahtra" (2007) 14 NWLR (Pt.1054) 210 (2007) 6 S.C. (Pt II ) 85 (2007) 6 S.C. (Pt II ) 85

S. U. ONU, J.S.C (Delivering the Leading Judgment): The facts of this case are not complicated nor are they disputed. The three plaintiffs/appellants companies (which were owned and managed by the same persons) ordered from Moscow in 1993 in a consignment of electric water heaters and electric irons. The said consignment was loaded into five containers and the containers which were in turn placed on board the 2nd defendant's vessel M/V "Kadrina" in the port of Tallin for carriage to Lagos, Nigeria. The 2nd defendants issued a number of bills of lading dated the 22nd March, 1993 covering the aforesaid consignment and the vessel sailed for Lagos.

On the 12th April, 1993 the vessel arrived Lagos and on the 10th May, 1993 (a month later) the aforesaid containers were discharged from the aforesaid vessel at Tin Can Island Container Terminal. Be it noted that as a substantial quantity of goods imported into Nigeria now come in containers, where a container is loaded on a vessel and transpo…

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