Mv “Nordica” & Ors V. The Nigerian Ports Authority (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

This Appeal arose from Third Party Notices issued against the Respondent – NPA and Messrs. Supreme Stevedoring & Shorehandling Company (Nig.) Ltd.

The original Plaintiff – Messrs. Beta Glass Plc., sued the Appellants at the Federal High Court, wherein it had claimed against them jointly and severally, the sum of N128, 575, 300,00 as special and general damages for damaging-

“Three Wooden Containers of Machinery for Natural Gas Glass Furnace (the goods) on board MV JOLLY ZAFFIRO at the Part of Genoa, Italian Seaport, for onward delivery to the Plaintiff at Apapa, Lagos Seaport.”

The Appellants, as Defendants to the action, filed their Statement of Defence, and were later granted leave to issue and serve the Third Party Notices on the Respondent and Messrs. Supreme Stevedoring & Shore handling Co. Nig. Ltd. Pleadings were ordered by the lower Court, and in the third party proceedings, the Appellants claimed the following reliefs against them jointly and severally-

1. A Declaration that the Defendants [Appellants herein] are entitled to be indemnified by the Third Parties against the

1claim of the Plaintiff (Messrs. Beta Glass Plc.) against the Defendants [Appellants] in this Suit.

2. Judgment for any amount which may be found to be due from the Defendants (Appellants herein) to the Plaintiff [Messrs. Beta Glass Plc,]
3. Judgment for the amount of any costs which the Defendants [Appellants] may be adjudged to pay to the Plaintiff (Messrs. Beta Glass Plc.) and for the amount of their own costs incurred in their defence of this action and of the proceedings against the Third Party herein.
4. Further or other relief.

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However, in the course of the third party proceedings, Messrs. Beta Glass Plc., and the Appellants settled amicably. The lower Court entered Judgment in its favour against the Appellants as per Terms of Settlement; part of which reads –

“That the Defendants (Appellants) without admitting liability for the damage to container Number LMCU 0701812M, LMCU 043609/8, LMCU 044255/8 and by virtue of Bill of Lading Number 141 of 24/1/2002 would pay to the Plaintiff [Messrs. Beta Glass] the sum of Euro 500, 000 in full and final settlement of the Plaintiffs claims against the Defendants, which payment shall be without prejudice to the

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Defendant’s claims for an indemnity from the Nigerian Ports Authority [Respondent herein] and Messrs, Supreme Stevedoring & Shore handling Co, (Nig.) Ltd.”

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Even so, the third party proceedings continued, and at the trial that ensued, three witnesses testified for the Appellants – PW1, Mr. Michael Love II Smith, said he was an operation manager with S.D.V. Nigeria Ltd. the parent company for Cross Marine Ltd. the shipping Line Agency for 1st Appellant – MV Nordica. Femi Akinjor, a Ship Supervisor with S.D.V. Nigeria Ltd. testified as PW2, and PW3 is Mrs. Florence Uzokwe, a Claims Manager with Cross Marine Services.

They also tendered three Exhibits – the copy of Bill of Lading dated 24/1/2002 (Exhibit A); Survey Report issued by Union Inspection and Superintendence (Exhibit B) and Survey Report issued by Transmarine Tally Services (Exhibit B1). The Respondent, who was the 1st Third Party, did not call any witness. The 2nd Third Party called its cargo operations Manager, Michael Osayenum, as DW1, and one of its Crane Drivers, Muhammad Aliyu Zakari, who testified as DW2.