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  ·  SC.236/2003 ·  25 Feb 2011 ·  Nigeria
 · 
Other Citations
SHIPCARE NIG. LTD. V. OWNERS OF THE MV FORTUNATO (2011) 7 NWLR 205
S. (Nig.) Ltd. v. Owners, The MV Fortunato (2011) 7 NWLR (Pt. 1246) 205
CORAM
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
Core Terms Beta
court of appeal
t african hyacinth
learned trial judge
newton funfade
11th day of april
competent pilot
laws of the federation of nigeria
merchant shipping act
chief mate of the vessel
concurrent findings of fact
courts
master of the vessel
proper directions
4th grounds of appeal
alleged default of the crew of the vessel
central issue
chief f.o. offia
complete agreement
counter affidavit
cross appeal
following occurrences
pilotage of a nigeria ports authority pilot
provisions of section
a.e.r. p.
a.m. mukhtar j.s.c
appellant admitted liability
bode rhodes-vivour
brother rhodes-vivours jsc
considered judgment
defendants vessel
extensive damage
federal high court
further conduct of these proceedings
honourable court
justices of the court of appeal
leading judgment
liability of the plaintiff
main appeal
mr. o. aju
pilotage district
privity of the appellant ship-owner
qualified crew
reason of the provisions of section
respect of loss
respondents vessel m
result of the actual fault
rules of this court briefs
said provisions
seaworthiness of the appellant

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login