The Mv. Courageous Ace & Ors V. Nigerdock Nigeria PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.(Delivering the Leading Judgment)

The appeal is against the Judgment of the Federal High Court, Lagos Division, delivered on the 6th July 2012 by M.B. Idris J. wherein the plaintiff’s claim was granted.

The three Appellants herein were the defendants in the Lower Court while the Respondent was the plaintiff.

The Respondent had as plaintiff in the Lower Court filed a writ of summons dated 7-6-2006 together with a statement of claim against the Appellants.

By a further amended statement of claim dated 28-6-2010 the Respondent sought the following reliefs:-

26. “WHEREOF the Plaintiffs claim against Defendants jointly, severally or in the alternative as follows:

a. The Plaintiff claims the sum of N31,944,957.54.00 (Thirty One Million, Nine Hundred and Forty Four Thousand, Nine Hundred and Fifty Seven Naira, Fifty Four kobo) being loss of use and the cost of repairs of the two vessels to wit (i) MM105 22-Passenger Water Bus Vessel powered by 200 horsepower Yamaha Engines and (ii) A 27 18-Passenger Water Bus Vessel powered by 115 house power Yamaha Engines damaged by the 1st

Defendant on 6th June, 2006 when the Defendants negligently and recklessly executed a 180? turn directly opposite the Plaintiff?s jetty and shoreline at an abnormally high speed which resulted in the development of severe propeller wash and undercurrent occasioning and damage to the two vessels moored thereat.

b. The sum of US$15,000.00 (Fifteen Thousand US Dollars being cost of this action and legal fees incurred by the Plaintiff in securing the arrest of the 1st Defendant prior to institution of this action.

c. Interest on the judgment sum at 10% or statutory rate or other rate as the Court may approve.”

The Appellants also filed amended statement of defence dated 18/2/2011.

At the trial that subsequently followed, the Respondent called 4 witnesses and tendered Exhibits A to L5 while the Appellants called one witness and tendered Exhibits (M-R).

Briefly put the facts of this case as presented by the Respondent was that, about the 6th June 2006, the 1st Appellant under the control and management of the 3rd Appellant negligently and recklessly executed a 180? degree turn directly opposite the Respondents jetty and shoreline at

snake Island, Lagos:

The 180? degree turn then resulted in the development of severe propeller wash and under current which travelled under the Respondent’s jetty and overturned two moored vessels which were under the lease, control, possession and management of the Respondent.