M.R.S. Oil & Gas Company Limited V. Dock Management Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Lagos State High Court delivered on the 3rd day of June, 2013 by HON. JUSTICE LATEEF LAWAL AKAPO wherein the lower Court dismissed the preliminary objection taken by the Appellant challenging the jurisdiction of the lower Court to hear and determine the Respondent’s claim initiated by a statement of claim claimed as follows:

i. An Order compelling the Defendant, their servants and or privies to pay Claimant the sum of N16,134,691,62 being outstanding indebtedness of defendant to the Claimant arising from stevedore services performed by the Claimants on behalf of Defendant between December, 2009 to March, 2010.

ii. An order compelling the Defendant, their servants and or privies to pay Claimant the sum of N115,359,417.70 (One hundred and Fifteen million, Three hundred and Fifty-nine thousand, Four hundred and seventeen Naira, Seventy kobo) at the rate of N6,78,848.10 per month being loss of earnings suffered by the Claimant from April 2010 to July 2011.

iii. Interest at the rate of 22% per annum on Judgment sum from 15th December, 2009

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till judgment is delivered in this suit and thereafter at 10% per annum until total liquidation of the judgment debt.

iv. Solicitor’s fees of N12,535,941.77 (Twelve million, Five hundred and Thirty-five thousand, Nine hundred and Forty-one Naira, Seventy-seven Kobo)

The Appellant in reaction filed a preliminary Objection praying the trial Court to strike out the Respondent’s suit for want of jurisdiction. The ground upon which the objection was brought is that the substantive claim arose from and relates to stevedoring services supplied to or to be supplied to a ship/vessel and falls within the exclusive admiralty jurisdiction of the Federal High Court. The trial Court dismissed the objection and dissatisfied with the ruling the Appellant filed a Notice of Appeal dated 5th of June, 2013 and filed same day setting out 2 grounds of Appeal.

The Appellant filed its Appellant’s Brief dated 7th day of August, 2013 on the same day wherein it formulated a sole issue for determination thus:

“Whether the Respondent’s claims in respect of stevedoring services supplied or to be supplied to a ship for its operation is an admiralty matter within the

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exclusive admiralty jurisdiction of the Federal High Court?”

The Respondent filed its Respondent’s Brief dated 11th day of December, 2013 filed on the 12th December, 2013 wherein it also presented a sole issue captured in similar terms as follows: