Maersk Nigeria Limited & Anor V. Zats International Limited (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

T. O. AWOTOYE J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal against the judgment of R. O. Nwodo J (as she then was) delivered on 8/11/2007.

The respondent which was the plaintiff at the court below had instituted an action against the defendants (now appellants) claiming as per paragraph 15 of its amended statement of claim as follows:

“WHEREFORE, the plaintiff claims against the defendants jointly and severally for the following reliefs, namely:

(1) the sum of $139,528.50 representing the purchase price of plaintiffs 424 Bales of Norwegian STOCK FISH SEY shipped by APEX MARKETING & SERVICES IN OSLO, NORWAY to the plaintiff through the defendants vessels as carrier or 12th March 2004 and 16th July, 2004 respectively, and which bales of stockfish were completely damaged aboard the defendant vessels.

(2) the sum of N2,636,761.93 representing the customs duty paid by the plaintiff for the damaged two consignments of Norwegian Stockfish Sey shipped by Apex Marketing & Services to the plaintiff on 12th as carrier of the Cargo.

(3) AN ORDER directing the defendants to pay to the plaintiff the sum of N7,850,000.00 being half local market value of a consignment of 314 Bales of Stockfish Sey shipped to the plaintiffs by Apex Marketing & services on 12/3/2004 which were partly damaged, due to the failure of the defendants to deliver the consignment within time.

(4) the sum of N100,000,000.00 against the defendants being loss of profits and goodwill sustained by the plaintiff due to the non diligent manner the defendants handled the plaintiffs consignments of Bales of Stockfish which lead to total damage by damp and sea water of 424 Bales and eventual desertion of the plaintiff by its customers.”

After close of pleading and hearing of parties the learned trial judge entered judgment in favour of the plaintiff but against the defendant in the following terms:

“IT IS HEREBY ORDERED that judgment is entered in favour of plaintiff as follows against the defendant jointly and severally:-

1. The sum of $139,528.50 representing the purchase price of plaintiffs 424 Bales of Norwegian STOCK FISH SEY shipped by APEX MARKETING & SERVICES IN OSLO, NORWAY to the plaintiff through the defendants vessels as carrier or 12th March 2004 and 16th July, 2004 respectively, and which bales of Stockfish were completely damaged aboard the defendants vessels. .
2. Relief 21 is dismissed.
3. the defendants are directed to pay to the plaintiff the sum of N7,950,000.00 being half local market value of a consignment of 314 Bales of Stockfish Sey shipped to the plaintiff by Apex Marketing & Services on 12/3/2004 which were partly damaged, due to .the failure of the defendants to deliver the consignment within time.
4. Relief 4 is dismissed.

Aggrieved by the judgment, the defendant appealed filed on 24/2/2010 on seven grounds.

The seven grounds (shorn of the particulars) are

“GROUND 1

The learned trial judge erred in law when she held that the plaintiff has locus standi to institute and maintain this action.