(1998) JELR 45667 (SC)    

Supreme Court  ·  SC.221/1993 ·  17 Apr 1998 ·  Nigeria
Other Citations
Rhein Mass Und See GMBH v. Rivway Lines Ltd (1998) 5 NWLR (Pt.549)265 (1998) 4 S.C 73 (1998)All N.L.R 565
Rhein Mass Und See GMBH v. Rivway Lines Ltd. (1998) 5 NWLR (Pt. 549) 265
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
cause of action
admiralty jurisdiction
administration of justice act
admiralty action
mr. agbakoba
1st defendant
court of appeal
federal high court act
high court
joint venture agreement
following actions
learned trial judge
set aside
statement of claim
sum of dm
2nd defendant
6-year limitation period
admiralty cause
court expenses
court lacks jurisdiction
defendant simpliciter
dissolution of the contract
enforceable claim
honorable court lacks jurisdiction
issue of jurisdiction
lagos stale high court
leading judgment
learned justices of the court of appeal
limitation aci
merits of the plaintiffs claim
merits of this case
newalines vessels
particulars of claim
registry of the federal high court lagos
respect of ships
said joint-venture agreement
said law
see s.1
shipping company
sokoto native authority
subject matter of dispute vi
substantive action
total judgment debt

OGUNDARE, J.S.C.(Delivering the Leading Judgment): The plaintiff is a shipping company incorporated in Nigeria; it has its head office in Lagos. The plaintiff offers its services to other shipping companies in and outside Nigeria. The 1st defendant (hereinafter is referred to as defendant simpliciter) is a German shipping company with its registered office in Breman, Germany. The 2nd defendant is a German bank.

In September 1973 the plaintiff and the 1st defendant entered into a joint venture agreement by which they established a joint venture shipping company known as North Europe West African Lines Limited (NEWALINES, for short). Under the agreement, the plaintiff was appointed general agent to all NEWALINES Vessels that called at West African Ports and was entitled to remuneration by way of agency commission of 1.5 per centum for all inward and outward bound freights. In February 1978, the said joint-venture agreement was mutually terminated and, upon accounts being taken of the j…

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