Agro Allied Development Ent. Ltd V. Mv Northern Reefer & Ors (2009)

LAWGLOBAL HUB Lead Judgment Report

S. N. ONNOGHEN, J.S.C

This is an appeal against the ruling of the lower court delivered on the 7th day of May, 2001 in appeal NO.CA/L/102/2000 in which the court granted the application of the present respondents who were the appellants/applicants before that court, in the following terms:-

“(1) leave is hereby granted to the applicants to amend their notice of appeal dated 29th July, 1999;

(2) Time to apply for leave to appeal on grounds of mixed law and fact is extended till today;

(3) Leave is hereby granted to appeal on grounds of mixed law and fact;

(4) The amended notice of appeal shall be filed within 14 days from today;

(5) The appeal shall be heard on the bundle of documents marked “record Of appeal” filed in this court’s registry on 7th March, 2000 and such other documents the respondent may be advised to file within 21 days from today;

(6) the said record of appeal filed on 7th March, 2000 are hereby deemed to be properly filed”,

The appellant, who was the respondent at the lower court is dissatisfied with the above ruling and has consequently appealed to this court.

The facts of the case include the following:-

The plaintiff, who is the present appellant and respondent in the lower court instituted an action against the present respondents at the trial court claiming the sum of $2,500,000.00 as special and general damages arising from the breach of contract of carriage of goods and for negligence relating to a cargo of frozen fish evidenced by seven bills of lading issued by or on behalf of the present respondents, then defendants. Though the claim is stated to be against the defendants/respondents jointly and severally, as against the 1st defendant/respondent i.e. MV Northern Reefer, it is in rem and in personam as against the 2nd and 3rd defendants/respondents.

Following the service of the processes on the defendants, the defendants/respondents filed an application in the trial court praying for the following reliefs:-

(a) An order dismissing or in the alternative striking out this action or alternatively.

(b) An order discharging the order of arrest of the 1st defendant.