Ostankino Shipping Company Ltd (Owners Of The Mt “ostankino”) V. The Owners Of The Mt “bata 1” (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court Lagos delivered on the 6th day of March, 2007 wherein Olomojobi J. dismissed the appellant’s suit. Admiralty action in rem was instituted by the Appellant against the Respondents, by its writ of summons and amended statement of claim dated 7th day of October, 2003 claiming loss and expenses sustained by the MT ‘Ostankino’ by reason of collision with the Defendants ship the MT “BATA l” which collision occur at offshore Lagos, Nigeria on the 3rd and 4th of August, 2002. The collision occurred when the 4th Respondent went beside the “MT Ostankino” to do a ship-to-ship transfer of Petroleum Cargo.

As per the amended statement of claim dated 7th October, 2003 appellant claims jointly and severally against the defendants the following reliefs: –

“(i) Repair of the damages at Busan – USD62, 755.00.

(ii) Cost of Life Raft Davit – USD20, 605.90.

(iii) Transportation cost of the ABV life Raft – USD7, 370.18.

(iv) Cost of Inflatable life Raft – USD 5, 900.00.

(v) Cost of Immersion Suits – USDI4, 060.00.

(vi) Det Norsake veritas survey Fees (class) – USD 8, 132.29.

(vii) Deviation cost at Piracus to place on the New Davit – USD 9, 412.87.

(viii) OFF – Hire for the Repair of the damages – USD83, 957 .00.

(ix) Disbursement at Lagos – USD 1, 200.00.

(x) Disbursement at the deviation post-piraeu – USD3, 756.57

(xi) Disbursement at the repair port (pusan) – USD 10, 904.26.