Chief Registar, High Court of Lagos state & Anor v. Vamos Navigation Limited (1976)

LawGlobal-Hub Lead Judgment Report

C. O. MADARIKAN, J.S.C. 

In Suit No. LD/420/73 in the Lagos High Court, Dosunmu. J. entered judgement against the defendant/company, Messrs. Transocean Nigeria Limited, on the 28th of May, 1973 in the sum of N20,688.49 with N160.00 costs. On the 30th May, 1973, a writ of fifa was issued at the instance of the plaintiffs in that action, Messrs. A.A. Olopade & Sons, and was duly signed by Dosunmu, J. When attempts to levy execution proved futile because the judgement debtors “had closed their office and run away from the country”, the following steps were taken [by the Chief Registrar who deposed on his affidavit as follows] :

“8. That on the 9th of February, 1974 at the instance of the judgement creditor and with my approval my Deputy Sheriff with the aid of the Acting Harbour Master executed the writ of fifa against the vessel ‘BELLATRIX 1’.
9. That it was the judgement creditor who identified the vessel as part of the assets of the judgement debtors before they ran away from the country” .

It is convenient at this stage to set out how the Chief Registrar and the Deputy Sheriff proceeded to execute the said writ of fifa against the vessel- “BELLATRIX 1”.
On the 9th of February, 1974 a document (Exhibit 2) signed by both the Chief Registrar and the Deputy Sheriff emanated from the High Court in Suit No. LD/420/73. Exhibit 2 is a vital document and deserves to be reproduced in full. It reads as follows:

“IN THE HIGH COURT OF LAGOS STATE
FORM 40
PUBLIC NOTICE OF ATTACHMENT OF BOAT NAMED
MS “BELLA TRIX 1”
IN THE APAPA WHARF
SUIT NO. LD/420/73
A.A. OLOPADE & SONS vs. TRANSOCEAN NIG. LTD. & A NOR.
NOTICE

This Boat named MS “BELLATRIX 1″ is hereby attached to secure the enforcement against the defendant of the Judgment of the Court in the above action, and all persons are from the date hereof prohibited from receiving the Boat by purchase, gift or otherwise.

(signed) S.A. Orioye

Deputy Sheriff

Service on:

(1) The Ports Manager, N.P.A.
Apapa, Lagos.
(2) The Captain of the Boat
MS ‘BELLATRIX 1’

The Harbour Master,
N.P.A.,
Lagos.
This ship should be detained until the sum
of N20852.28 is fully paid. by the Defendants.
(Signed) J .A. Ojomo

9th February, 1974”.

It would appear that after the service of a copy of
exhibit 2 on the Harbour Master on the 9th February,
1974, he issued a Detention Order (exhibit A) in the following terms:

“NIGERIAN PORTS AUTHORITY