PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
NIGERIAN ADMIRALTY AND SHIPPING-MARITIME CASES & JUDGMENTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
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 |
| ADELEKAN V. ECU-LINE NV | SHIPPING CONTRACTS:- Contracts for carriage of goods by sea – Two separate contracts covering 2 separate cargo items – When faxed copy of bill of laden reflects only but one item – Failure to deliver item not listed on copy of bill of laden – How treated |
| AECTRA REFINING AND MARKETING INC V. EXMAR NV | SHIPPING CONTRACT:– Charterparty – Time charterparties – Dispute arising therefrom – Arbitration clause – How treated |
| AKINSANYA V. UNITED BANK FOR AFRICA LTD | ADMIRALTY JURISDICTION:– Transaction arising from documentary letter of credit – Whether amounts to a matter relating to the carriage of goods by sea within the exclusive admiralty jurisdiction of the Federal High Court |
| ALFOTRIN LIMITED V. THE ATTORNEY GENERAL OF THE FEDERATION | SHIPPING PRACTICES:- “Demurrage” – Meaning and nature of – “Compensation or damages for detention” – Distinction between- Voyage charter – Nature of – When does time begin to run therefor |
| ALLIED MARINE TRANSPORT LTD V. VALE DO RIO DOCE NAVEGACAO SA | SHIPPING CONTRACT PRACTICES:– Dispute resolution – Claim for breach of charter party contract – Notice of arbitration abandoned for five and half years – Effect – Whether extinguished both the claimants cause of action and the referral to arbitration – Hague Rules time limit – Whether applied to the charterers’ claim |
| ALLIED TRADING CO. LTD. V. G.B.N. LINE | SHIPPING CONTRACTS:- Bill of Lading – Stipulation that where issuer not the owner or demise chatterer of ship, owner or demise chatterer liable and not agent/owner – Sufficiency of disclosure of principals existence notwithstanding non-incorporation of charter/party in Bill of Lading – Whether action by holder of bill against issuer for damages for short delivery proper. |
| AMERICAN INTERNATIONAL INSURANCE CO. V. CEEKAY TRADERS LIMITED | MARINE INSURANCE CLAIM:- Whether an Admiralty claim -Jurisdiction of Federal High Court to entertain same – Sections 7(1)(d), 8(1), 24 and 63(4), Federal High Court Act, 1973 – Interpretation of |
| ANCHOR LIMITED V. THE OWNERS OF THE SHIP ELENI | ACTION IN RELATION TO A SHIP:- Whether action in rem or in personam – Arrest of a ship – When ordered. |
| BOOTHIA MARITIME INC. V. FAREASR MERCANTILE CO. LTD | SHIPPING CONTRACT:- Bill of lading – Meaning of – Functions and characteristics of – Transfer or indorsement of by consignee – Whether transfers property in goods – Whether divests consignee of right to sue on the goods – Right to sue thereon |
| BRAWAL SHIPPING (NIGERIA) LIMITED V. APHORDITE (ENT.) NIGERIA LIMITED | ADMIRALTY JURISDICTION:- Admiralty jurisdiction of the Federal High Court-Extent of – Whether extends to cargo that arrived or already discharged in Nigeria. |
| BREMER VULKAN SCHIFFBAU UND MASCHINENFABRIK V. SOUTH INDIA SHIPPING CORPORATION | SHIPPING PRACTICES:- Design and construction of bulk carriers – Dispute arising therefrom – Submission to arbitration – How treated |
| CHEVRON NIGERIA LIMITED V. LONESTAR DRILLING NIGERIA LIMITED | ADMIRALTY MATTER: – Jurisdictional challenges – How treated |
| DR. TUNJI BRAITHWAITE V. MARITIMA SPAIN AFRICAN LINES S.A | SHIPPING PRACTICES:- Release and Arrest of ship – Validity of Arrest |
| EMESPO J. CONTINENTAL LTD. | SHIPPING CONTRACTS:- Contract of carriage of goods by sea – acknowledgement by bill of lading – claim to recover for failure to deliver all the goods in the same good order and condition and quantity as when shipped and as listed in the Bill of Lading |
| FAREAST MERCANTILE COMPANY LTD. V. BOOTHIA MARITIME INC. AND OTHERS | SHIPPING CONTRACT:- Bill of lading – Endorsement Of – Whether every endorsee or consignee thereof has locus standi under Sections 394(1) Merchant Shipping (Amendment) Decree No. 20 1998 and 375(1) Merchant Shipping Act, Cap 224 Laws of the Federation, 1990 – Determining factor. |
| FIDELITAS SHIPPING CO. LTD V. VO EXPORTCHLEB | SHIPPING CONTRACT:- Contract for charter of ship for loading of goods – Delay – Amount of demurrage recoverable – Arbitration clause – How treated |
| FINELVET AG V. VINAVA SHIPPING CO LTD | SIPPING CONTRACT:– Charter-party – Frustration – War – Vessel under charter-party trapped in Shatt al-Arab river by war between Iran and Iraq – Whether declaration of war automatically frustrating charter-party |
| GALAXIA MARITIME SA V. MINERAL IMPORT-EXPORT, THE ELEFTHERIOS | SHIPPING ACTION:- Shipowner – Cargo transport – Voyage charter between shipwner and defendant – Injunction preventing ship from sailing – Interference with shipowner’s trading activities and with crew’s leave arrangements – How shipowner application to discharge injunction treated |
| GLEBE SUGAR REFINING COMPANY LTD AND ORS V. TRUSTEES OF PORT AND HARBOURS OF GREENOCK | SHIPPING PRACTICES:- Harbour – Statutory Powers and Obligations of Harbour Trustees |
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JUDGMENTS OF NIGERIAN COURTS |
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| Contact Editors – Sam Eleanya, Agboola Lola, Ugochi Eleanya – through lawnigeria@gmail.com and editor@lawnigeria.com |
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