Captain Michael Chacharos & Anor V. Ekimpex Limited & Ors. (1988)

LawGlobal-Hub Lead Judgment Report

O. OBASEKI, J.S.C.

The amount of litigation that has taken place in this matter is reflected by the size of the record of proceedings in the courts below which has run up to 450 pages and the size of the briefs filed by each party to this appeal. The brief filed by the appellant ran up to 45 pages of the foolscap length type sheets while the brief filed by the respondents ran up to 81 pages.

The claims filed by Ekimpex Limited the plaintiff – 1st respondent in this appeal in the Federal High Court holden at Port Harcourt on the 26th day of September, 1977 as set out in the writ reads:

”The plaintiffs claim against the defendants jointly and severally is for a declaration:

1. (a) that the plaintiff is entitled to the delivery of 18,000 tons (360,000 bags) of cement now on board the ship M. V. Cindy presently moored at Bonny, a place within the jurisdiction of this Honourable Court;

(b) that the plaintiff is entitled to the delivery of 5 barges, one tug boat and two mobile cranes now on board the said ship, M. V. Cindy.

2. An order of court that the said 18,000 tons (360,000 bags) of cement, the 5 barges, one tug boat and the mobile cranes be delivered to the plaintiff by the defendants or their total value N800,000.’

This claim was amended in paragraph 24 of the amended statement of claim to read as follows:

”After all efforts to make defendants deliver the said cement had failed, plaintiff was compelled to file this action and claims against the defendants jointly and severally as follows:

1. A declaration that the plaintiff is entitled to the delivery of 18,000 tons (360,000 bags) of cement, the five (5) barges, one (1) tug boat and two (2) mobile cranes also carried to Port Harcourt by the M.V. Cindy;
2. An order of court that the said 18,000 tons (360,000 bags) of cement, the five (5) barges, one (1) tug boat and the two (2) mobile cranes be delivered to the plaintiff by the defendants;
3. N1,115,668.96 (One million one hundred and fifteen thousand six hundred and sixty eight Naira ninety six kobo) special and general damages for breach of contract to deliver the said cement on time and for carrying additional cargo.

Particulars of Special Damages

(1) Additional Bank charges

on the letter of credit N60,000.00

(2) Loss of profit N180,000.00

(3) Additional discharge fee paid

to Mcdermott Nig. Ltd. N115,668.96

(4) Loss on damaged bags of cement N200,000.00