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PACERS MULTI-DYNAMICS LTD
V.
THE M.V. DANCING SISTER & ANOR

(2012) JELR 49552 (SC)

Supreme Court 13 Jan 2012 Nigeria
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- The plaintiff/appellant, as alleged consignee and owner of cargo (refined sugar) carried under three bills of lading on the vessel "DANCING SISTER," instituted an Admiralty Action in Rem at the Federal High Court, Lagos, after obtaining a

Case Details

Suit Number:SC.238/2001
Judges:ALOMA MAIRAM MUKHTAR Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
Counsel:Mr Adeniyi Adegbonmire (with him, Cephas Caleb) For Appellant No appearance for the 1st Respondent.Mr. Ayo Olorunfemi for the 2nd Respondent For Respondent
Other Citations:(2012) JELR 54988 (SC)

BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The claims of the appellant as plaintiff/applicant in an Admiralty Action in Rem reads

"The plaintiff as the consignee and owner of 13,600 Metric TONNES of Brazilian white refined Sugar covered by the "Congenbill" Edition 1978 bills of Lading Nos. 1, 2, and 3 shipped on Board the Defendants' vessel "DANCING SISTER" for carriage of the said 13,600 Metric Tonnes of Brazilian white refined Sugar from RECIFE in BRAZIL to APAPA, LAGOS, claims against the Defendant's jointly and severally for the value of 58.9 metric tonnes short landed cargo (refined sugar) and damages for breach of contract and/or breach of duty and/or negligence of the Defendant's their servants, or Agents in respect of Damage done to 2,000 Metric Tonnes of the said goods during the said voyage in the sum of $1,007,213.00 (One Million and seven thousand, Two hundred and thirteen U.S. Dollars) only.

On the 7th of April, 1995 the appellant as plaintiff filed th…

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