Admiralty Law (30)
HELD:
"The Act has provided for when a claimant can be disqualified from limiting his liability, see Section 354 of the Merchant Shipping Act, 2007 and it provides as follows:
HELD:
"The Appellant submitted that the findings of the Court below were perverse because it did not take cognizance of the inability of the Respondent to exhibit their licenses and permits including Environmental Impact Assessment Certificate.
HELD:
"...Very clearly, this statement by Learned Counsel has taken the fact beyond argument that 2nd Appellant is/are the owners of the 1st Appellant in respect of which the Ship Management Agreement was entered into by the named parties thereto.
HELD:
"...Now, being a party to the said suit, did the 2nd Appellant take any step in the action and waive the right to arbitration agreed to in the Ship Management Agreement?
HELD:
"The main issue under issue two is fundamentally questioning the propriety of suing the Appellants when they are agents of a disclosed principal.
HELD:
"The definition of a bill of lading and who can sue on it may be found in the case of Pacers Multi-Dynamics Ltd. v. The M.V. Dancing Sister and Anor. (2012) 4 NWLR (pt.1289) 169 at 187 - 188, 190 - 191, 200, 204, 206
HELD:
"The first issue to resolve in this appeal is "Whether the 1st Respondent has the locus standi to enforce clauses 14.8 and 14.9 of the Bills of Lading against the Appellant, the Appellant not being a consignee, endorsee or party to the bill of lading".
HELD:
"...I agree with him that this appeal partially succeeds on the basis that the 1st Respondent has no locus standi to sue the Appellant. The Appellant not been the endorsee or the consignee in the bill of lading cannot be sued by the 1st Respondent/claimant in respect of same.
HELD:
"Appellant's second issue for determination is "Whether the Lower Court has the jurisdiction to entertain the 1st Respondent's claim same being an admiralty action arising out of an agreement relating to carriage of goods by a ship.
HELD:
"In regard to the issue of jurisdiction of the High Court of Lagos State, it has been established in plethora of cases that the admiralty jurisdiction of the Federal High Court will not be invoked simply because the facts of the case has to do with shipping and cargos.