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CASES & JUDGMENTS ON ADMIRALTY AND SHIPPING-MARITIME LAW IN NIGERIA (2)
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CASES & JUDGMENTS ON ADMIRALTY AND SHIPPING-MARITIME LAW IN NIGERIA (2)
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Shipping Contracts – Cargo & Shipping Insurance – Vessel Acquisition & Maintenance – Boating & Ship Accidents – Commercial Ship Accident – Cruise Ship Accidents – Ship Registration – Vessel Arrest Cases – Criminal Cases
| TITLE | MAIN ISSUES |
| GLENCORE INTERNATIONAL AG AND ANOR. V. PORTMAN AND ORS. | SHIPPING CONTRACTS:- Contracts of insurance for ship voyages – Breach of – When insurer liable |
| GRIMALDI COMPAGNIA DI NAVIGAZIONE SPA V. SEKIHYO LINE LTD. | SHIPPING CONTRACTS:- Charterparty providing for referral of disputes to arbitration – Where Vessel sinks in collision and charterer losing property – Applicability of Hague Rules as to timebar–How treated |
| HILARY FARMS LTD V. MV MAHTRA | SHIPPING CONTRACT:- Cargo – Allegation that containers had been tampered with prior to off-loading from cargo vessel leading to loss of cargo – How proved – Onus – On whom lies – Sealing of containers – Relevance – When contract of carriage and bailment is deemed discharged by Shipper and liability passed to Ports authority |
| I.B.W.A. LTD V. UNAKALAMBA | SHIPPING CONTRACT:- Bill of lading – Meaning of – Letters of credit – Nature of transaction conducted thereunder – Types of contracts involved |
| INGOSSTRAKH INSURANCE COMPANY LIMITED V. FIOGRET LIMITED & ORS | ADMIRALTY AND SHIPPING LAW:- Contract for the carriage and bailment of perishable goods – Breach of – What owner of goods is entitled to claim as damages – Enforceability of international contract of insurance for carriage by sea in Nigeria |
| INTEGRATED TIMBER AND PLYWOOD PRODUCES LTD V. UNION BANK OF NIGERIA PLC | ADMIRALTY JURISDICTION:- Export of goods to a foreign client – Payment facilitated via an irrevocable Letter of Credit confirmed by Bank – Failure of bank to remit due payment for goods to exporters – Liability claim – Treatment of |
| INTERNATIONAL OFFSHORE CONSTRUCTION LTD V. SHORELINE LIFTBOATS NIGERIA LTD | ADMIRALTY AND MARITIME – SHIPPING CONTRACT:– Enforcement of contract – Whether Federal High Court has exclusive jurisdiction thereto. |
| JONES V. OCEANIC STEAM NAVIGATION COMPANY LIMITED | SHIPPING PRACTICES:– Carriage of goods by sea – Contract relating thereto – Applicable principles |
| JOSEPH CONSTANTINE STEAMSHIP LINE LTD V. IMPERIAL SMELTING CORPORATION LTD | SHIPPING PRACTICES:- Ship chartered for cargo loading purposes – Frustration of shipping contract due to explosion in the auxillary boiler – Cause not definitely determined and blame incapable of being apportioned – How Claim by shipowners against charterers for breach of contract treated |
| K. MAERTSCH & ORS V. OLA BISIWA | ADMIRALTY LAW – JURISDICTIONAL ISSUES:- Action instituted in rem – Whether vessel is a necessary party – Propriety of grant of order ex parte against vessel at time it was not yet a party to the action – Arrest of vessel by the court – Purpose and implication for jurisdiction of arresting court |
| K LINE INC V. K.R. INTERNATIONAL (NIG) LTD AND ANOTHER | SHIPPING LAW AND CONTRACTS:- Bill of Ladin – Nature and functions of – Who may be carrier of goods thereunder – Breach of – Measure of damages recoverable |
| KHATOUN V. HOLLAND (W. A.) LINES | SHIPPING TRANSACTIONS:– Complex nature of – Distinction between shippers and carriers – Need to ascertain the status of parties to suit and nature of relationship – |
| LEADWAY ASSURANCE COMPANY LIMITED V. ZECO NIGERIA LIMITED | SHIPPING CONTRACT:- Importation of goods – Contract of Insurance against loss of goods – Where goods found to have been tampered with before discharge from wharf – Nature of report required to secure insurance payment |
| KNONOS WORLDWIDE LIMITED V. SEMPRA OIL TRADING SARL | ADMIRALTY AND SHIPPING LAW:- Merchant shipping – Demurrage – Liability for demurrage where no letter of credit opened |
| LENNARD’S CARRYING COMPANY, LIMITED V. ASIATIC PETROLEUM | SHIPPING PRACTICE:- Loss of Cargo by Fire – Fire caused by non-seaworthiness- “Actual fault or privity” of Owners – Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 502. – How treated |
| LEVENTIS TECH. LTD. V. PETROJESSICA ENT. LTD. | SHIPPING CONTRACT:- Carriage of goods by sea – Section 2 and Hague Rules set out in the Schedule to the Carriage of Goods by Sea Act Purport of – Effect of |
| MAREVA COMPANIA NAVIERA SA V. INTERNATIONAL BULKCARRIERS SA | SHIPPING CONTRACT:- Claim for unpaid hire and damages for repudiation of a charterparty – Orders a court may make – Mareva Injunction – Principles and justification |
| M. V. PANORMOS BAY V. OLAM NIGERIA PLC | SHIPPING CONTRACT:- Shipping: Bill of lading – Arbitration clause therein – Statutory limitation thereto – Section 20, Admiralty Jurisdiction Decree, 1991 construed |
| MCCUTCHEON V. DAVID MACBRAYNE LTD | SHIPPING CONTRACT AND PRACTICES:- Shipping:Carriage of goods by sea – Exclusion of liability for negligence – No document signed by consignor – Signature required sometimes in previous similar transactions – Whether knowledge of terms established |
| MONTEROSSO SHIPPING CO LTD V. INTERNATIONAL TRANSPORT WORKERS’ FEDERATION | SHIPPING PRACTICES:– Agreement for Employment of ships’ crews and designation for worldwide trading at every port – Where made in one jurisdiction (Spain) in English language purportedly with an organization, International Federation of Trade nions based in a different jurisdiction (London) – Applicable law – Relevant considerations |
| JUDGMENTS OF NIGERIAN COURTS | |
| By Substantive Areas | By Litigation/Procedure Areas |
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