BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant is the owner of M/T African Hyacinth. On the 11th day of April 1997 at about 7.40 pm whilst navigating in the Warri Port, and proceeding to the loading Terminal she collided with the M/V fortunato which was at anchor. There was extensive damage to M/V fortunato. The collision occurred in a Pilotage District and by the provisions of section 23(1) and (3) of the Ports Decree 1993 the appellant's ship must be under the Pilotage of a Nigeria Ports Authority pilot or a Licensed pilot of the District. Both courts below found that the appellant's ship was not manned by a competent Pilot. By summons for Decree of Limitation brought under section 363, Merchant shipping Act, 1990, Section 9 of the Admiralty Jurisdiction Act, 1991, Order 13 of the Admiralty Jurisdiction (Procedure) Rules 1993, the appellant admitted liability for the damage arising out of the collision with the M/V fortunato but by the action supra sough…
SHIPCARE NIGERIA LTD OWNERS OF THE M/N AFRICA HYACINTH
V.
THE OWNERS OF THE M/V FORTUNATO & ANOR.
(2011) JELR 44116 (SC)
Supreme Court 25 Feb 2011 Nigeria
Case
Citing Cases 12
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Case Details
Suit Number:SC.236/2003
Judges:ALOMA MARIAM 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
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
Counsel:Chief F.O. Offa;V.C. Kanu For Appellant
Olumide Aju Esq For Respondent
Other Citations:SHIPCARE NIG. LTD. V. OWNERS OF THE MV FORTUNATO (2011) 7 NWLR 205, (2011) 7 NWLR (Pt. 1246) 205
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