Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SAVANNAH BANK OF NIGERIA LTD.
V.
PAN ATLANTIC SHIPPING & TRANSPORT AGENCIES LTD & ANOR.

(1987) JELR 44578 (SC)    
Supreme Court  ·  SC.139/1985 ·  30 Jan 1987 ·  Nigeria
 · 
Other Citations
Savannah Bank v. Pan Atlantic (1987) 1 NWLR (Pt.49) 212 (1987) All N.L.R 42
Savannah Bank v. Pan Atlantic (1987) 1 NWLR (Pt. 49) 212
CORAM
MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
section
jurisdiction
federal high court
1st defendant
1st defendants
2nd defendant
plaintiff
federal high court act
concurrent jurisdiction
such matters
national assembly
lagos state high court
learned judge
sea act
amended statement of claim
virtue of section
agent of the plaintiffs
appointed clearing agent of the shipper of the rice
documents of title
federal revenue act
lagos high court
plaintiffs claim
states high court
trial of this action
above provisions of the act
admiralty jurisdiction of the court
admiralty jurisdiction of the high court
amended statement of defence of the 1st defendant
bill of lading material
cause of action
combined effect of sections
competence of that court
conclusion of the case
constitution of the federation
description of goods-bags
following questions
following words
important issues of constitutional importance
irrevocable commercial letter of credit
laws of the federation
leading judgment
original negotiable bill of lading
overseas seller of a consignment of rice
plaintiff bank
said rice
schedule carriage of goods
scope of the admiralty jurisdiction
signature of the master of the ship
such stipulations exceptions
third paragraph of article iii rule

COKER, JSC (Delivering the Leading Judgment): This appeal raises two important issues of constitutional importance. The first concerns the nature or cause of action before the Lagos State High Court and the Competence of that Court to hear and determine it. The second is whether the respondent is entitled to the protection provided under the third paragraph of Article III Rule 6 of Hague Rules in the Schedule Carriage of Goods by Sea Act, Cap. 29, Laws of the Federation, 1958 .

The Appellant, a commercial banker, initiated the action leading to this appeal in the Lagos High Court. The sum claimed as loss is in respect of an amount paid to an overseas seller of a consignment of rice covered by an irrevocable commercial letter of credit issued by the plaintiff for and on behalf of its customer, the 2nd defendant.

The entire consignment of rice was shipped by the seller on a vessel called ARETI and landed safely in Lagos Port. In compliance with the terms of the credit all the original n…

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