(2008) JELR 49425 (CA)    
Court of Appeal  ·  CA/L/510/04 ·  27 Jun 2008 ·  Nigeria
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
stay of proceedings
conciliation act
arbitration agreement
learned trial judge
lower court
trial court
visby rules
decision of this court
grounds of appeal
sole issue
supreme court
humble view
supreme court decision
contract of affreightment
grant of the application
judicial discretion
notice of appeal
own arbitrator
ratio decidendi of the supreme court
reason of the defendants
reconciliation act
statement of claim
time-bar provision of the hague
urhobo vs oteri
1st respondent
cases of morakinyo vs adesoyero
charter party agreement
exercise of judicial discretion
foreign jurisdiction clause
halsbury laws of england
interlocutory appeal
issue of the writ of summons
ltd s f.c.d.a.
ltd vs okaku international ltd
morakinyo vs adesoyero
order of court
permanent denial of other redress
practice of this court
record refer
reference of dispute
respondents vessel
ruling of the federal high court
said exhibits
second application
submission of counsel

ADZIRA GANA MSHELIA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Federal High Court, Lagos delivered on the 11th day of August, 2004 by Abdullahi Mustapha J. in suit no FHC/L/CS/242/2002.

By contract of Affreightment contained in and/or evidenced by Bills of lading numbered Nos. 148/02B, Nos. 148/02, Nos. 348/02, Nos. 448/02, Nos. 448/02B and Nos. 248/02 dated at Bangkok, Thailand on 25/3/2002, the Plaintiff contracted with the defendants to carry about 280,000 bags of rice from Bangkok, Thailand, to Lagos and Port Harcourt in Nigeria for valuable consideration. In breach of the contract of Affreightment aforesaid, and/or their Duty of Care and/or in breach of their duty as bailee for reward, the defendant damaged and lost some of the plaintiffs cargo. The appellant who was the plaintiff before the lower court took out a writ against the respondents and by his amended statement of claim dated 15/07/2002 appearing at page 66 of the…

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