IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Lagos Judicial Division, holden at Lagos. The ruling was delivered on May 28, 2008 by the Hon. Justice I.N. Auta.
The facts and circumstances surrounding the case could better be discerned form the record of appeal itself. From the Record it's so obvious the Appellant had, on October 16, 2007, filed a writ of summons in the court below seeking various declaratory reliefs and orders against the Respondent. The reliefs sought by the Appellant, vide the writ of summons and statement of claim thereof, are to the following effect:
1. An Order that the Plaintiff is entitled as owners to limit their liabilities, if any, arising as a result of the collision aforesaid to the vessel's net registered tonnage in the circumstances of this case;
2. An Order that the Plaintiffs liability, if any, be limited under the provisions of the Merchant Shipping Act, CAP M1…