THE M.
V.
CAROLINE MAERSK & ORS
V.
NOKOY INVESTMENT LIMITED

(2002) JELR 44676 (SC)    

Supreme Court  ·  SC.250/2000 ·  7 Jun 2002 ·  Nigeria
 · 
Other Citations
M. V. Caroline Maersk v. Nokoy Invest. Ltd.(2002) 12 NWLR (Pt.782)472 (2002) 6 S.C (Pt.II) 10
M. V. Caroline Maersk v. Nokoy Invest. Ltd. (2002) 12 NWLR (Pt. 782) 472
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
defendants
bill of lading
hague rules
carriage of goods
federal high court
gold value
article ix
sea act
3rd defendant
trial court
court of appeal
amount of damages
invoice value
liability of the carrier
trial chief judge
award of us
nature of the liability of the carrier
2nd defendant
alternative reliefs
contract of carriage
decision of the court of appeal
decision of the federal high court
further award
good order
invoice value of the cargo
learned chief judge
plaintiff claims
pounds sterling
absence of evidence
agent of the carriers
article iii rule
aspect of the evidence of the 1st defence witness
atlantic gold shrimps
award of both sums
deterioration of cargo
first inspection
leading judgment
main issue of fact essential
period of carriage
provisions of article iv rule
provisions of the said rules
quantum of damages
question of quantum of compensation
questions of law
rate of us
second inspection
such liability
value of naira
value of the net weight
version of the hague rules

E. O. AYOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal (Oguntade, Galadima and Sanusi, JJ.C.A) delivered on 10th April, 2000 affirming the decision of the Federal High Court whereby judgment was entered for the plaintiff, Nokoy Investment Ltd. Its claim against the three defendants was as follows:

"1. Certificates/invoice value of the 1202 boxes of frozen shrimp USD $71,516.50

2. Further, or in the alternative, the plaintiff claims at the rate of 100.00 (One hundred pounds sterling) lawful money of the United Kingdom" for each of the 1202 packages of shrimp .... 120,200.00

3. Further, or in the alternative, the plaintiff relies on bill of lading no. LOSE 09233 to claim the value of the net weight of 24,040 kgs, as against the gross weight of 27,040 kgs, at the rate of US$20.00 (Twenty U. S. Dollars) per kilo .... US$480,800.00

4. Damages for delayed delivery, spoilage, deterioration of cargo, non acceptance of the aforesaid b…

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