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)

[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

TITLEMAIN 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 MAHTRASHIPPING 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. UNAKALAMBASHIPPING 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 & ORSADMIRALTY 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 PLCADMIRALTY 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 LTDADMIRALTY AND MARITIME – SHIPPING CONTRACT:– Enforcement of  contract – Whether Federal High Court has exclusive jurisdiction thereto.
JONES V.  OCEANIC STEAM NAVIGATION COMPANY LIMITEDSHIPPING PRACTICES:– Carriage of goods by sea – Contract relating thereto – Applicable principles
JOSEPH CONSTANTINE STEAMSHIP LINE LTD V. IMPERIAL SMELTING CORPORATION LTDSHIPPING 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 BISIWAADMIRALTY 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 ANOTHERSHIPPING 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.) LINESSHIPPING 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 LIMITEDSHIPPING 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 SARLADMIRALTY AND SHIPPING LAW:- Merchant shipping – Demurrage – Liability for demurrage where no letter of credit opened
LENNARD’S CARRYING COMPANY, LIMITED V. ASIATIC PETROLEUMSHIPPING 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 SASHIPPING 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 PLCSHIPPING CONTRACT:- Shipping: Bill of lading – Arbitration clause therein – Statutory limitation thereto – Section 20, Admiralty Jurisdiction Decree, 1991 construed
MCCUTCHEON V. DAVID MACBRAYNE LTDSHIPPING 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’ FEDERATIONSHIPPING 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
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