Alfotrin Limited V. The Attorney-general Of The Federation & Anor.(1996)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

In the Federal High Court of Nigeria, holden at Lagos, the plaintiffs, who are now the appellants, instituted an action against the defendants, now the respondents, claiming, as subsequently amended, as follows:-

“(a) Balance of demurrage

found due – US $284,500.00

(b) Interest at 11 1/2%

from 9/2/78 to 9/2/85

and continuing – 233.996.30

US $518.496.30

(c) Alternatively to (b) above: such rate of interest on the outstanding balance of demurrage of US $284,500.00 as the Court may deem equitable. Alternatively the plaintiff claims the sum of $518,496.30 as pleaded in paragraph 22.”

The plaintiffs claimed that the demurrage was occasioned by the detention of their vessel, “MV Fotini” at the ports of Lagos (Nigeria), and at Takoradi and Tema (Ghana) for a total of 292 days.

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

In paragraph 18 of the plaintiffs’ further amended statement of claim, it was averred as follows:-

“18. Further or alternatively, not being able to provide a berth at Apapa, the port originally designated for the discharge of the cargo of cement consigned to the 2nd defendant and carried by the vessel, and having diverted the vessel to Tema, Ghana to discharge its said cargo for receipt by the 2nd defendant and having received its said cargo at Tema, Ghana as aforesaid, the 2nd defendant became bound/liable to the plaintiff to pay demurrage/damages for detention for the delay/diversion of the vessel as aforesaid.” (Italics supplied for emphasis)

The plaintiffs also averred in paragraph 22 of their further amended statement of claim that they suffered loss and damage by reason of the facts therein pleaded.