PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivering the Leading Judgment): In the court below (Federal High Court) presided over by Okeke J. the plaintiff (hereinafter referred to as respondent/cross-appellant) claimed against the defendants (hereinafter referred to as appellant) jointly and severally the sum $258, 850.58 being expenses incurred by the defendants on the account of the plaintiff as agents of the 1st and 3rd defendants in respect of Harbour Dues, Ship Dues, Stevedoring Charges as reflected in N.P.A. provisional bills as at 19th of November, 1998.
The background facts of this case are as follows; the second defendant vessel sailed into the Nigerian territorial waters with a consignment of cement. It was berthed at Apapa Port. The plaintiff/respondent-cross-appellant acted as agent for the vessel as well as 1st and 3rd defendants. The cross-appellant performed all the necessary appurtenant to the duties of an agent by procuring the ship entry notice, getting the vessel registered…