Asiatic Shipping Services INC & Anor V. Frigoglass Industries (Nig) LTD & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment)

The Respondents herein as Claimants instituted this suit at the lower Court by a Writ of Summons and Statement of Claim dated 10/8/07: wherein they claimed from eight Defendants among who were the Appellants herein as follows:

[a] The sum of N39,502,871.70 being damages arising from loss of and/or damage to the Respondents? cargo, which was sustained by reason of the Appellants breach of contract and/or duty and/or negligence during the carriage of the Respondents? cargo on board the ships – MV KEDUNG MAS, MV KANAL MASS and MV GREAT BLOSSOM, during voyage from Jakarta Indonesia to Lagos Nigeria.

[b] 10% interest on the sum of 39,502,871.70

[c] Costs.Geographic Reference

The Respondents later discontinued the suit against six of the defendants leaving the 7th and 8th defendants, (Appellants herein) who as defendants filed their Statement of Defence dated 12/12/07 praying that the suit be dismissed against them on the ground that the Respondents? Statement of Claim disclosed no cause of action against them; further that they are not necessary parties to the suit because the 1st

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Appellant was neither the Carrier nor the Owner of the vessel in which the Respondents? goods were carried and that the alleged act, neglect, omission and/or commission the Respondents complained of took place outside Nigeria and that the 2nd Appellant was only an Agent of a disclosed Principal and never entered into any contract of carriage or bailment with the Respondents.

In proof of their claims the Respondents called two witnesses and tendered Exhibits ” A-E” while the Appellants on their part called one witness and tendered Exhibits “DF”, “DF 1” and ?G?

At the conclusion of trial, the lower Court on 6/10/09 entered judgment for the Respondents against the Appellants in terms of all the reliefs claimed. The Appellants being dissatisfied with the judgment appealed by Notice of Appeal dated 27/10/09 at pages 149-152 of the Record of Appeal containing three grounds of appeal .

?The parties filed and exchanged briefs of argument. The Appellant?s brief was settled by Emmanuel Achukwu Esq. Therein; out of the three grounds of appeal he formulated a sole issue for determination as follows:

“Whether upon a Proper

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consideration of the facts and evidence adduced before it, and the law applicable, the trial Court was right in holding the 2nd Appellant liable for the alleged damage to the Respondents, goods.?Courts & Judiciary