CASES & JUDGMENTS ON NIGERIAN ADMIRALTY  AND SHIPPING-MARITIME (3)

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CASES & JUDGMENTS ON NIGERIAN ADMIRALTY  AND SHIPPING-MARITIME (3)

[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
MR. P.A. AWOLAJA & ORS. V. SEATRADE G.B.VSHIPPING CONTRACT:- Charterparty – Nature of – When formal charter party agreement may be dispensed with – Existence of a contract of affreightment – How ascertained
MUSA BELLO, UNITED OVERSEAS MERCHANTS LIMITED V. FARMERS SUPPLY COMPANY (KDS) LIMITEDSHIPPING PRACTICES:- Shipping documents- Mere presentation of- Whether conclusive Proof of actual importation of goods it represents
N.B.T.C. LTD. V. NARUMAL LTD.SHIPPING CONTRACT AND PRACTICES:-: Carriage of goods by sea – Liability of Carrier and shipowner – How treated
NAAMLOOZE VENNOOTSCHAP HANDELS V.  A.S.JSHIPPING CONTRACT:- Timecharter – Claims arising under several charterparties of steamships – Payment for hire of vessels, the amounts being based on the alleged dead-weight carrying-capacity of the vessels – Overpayment by reason of shortage in capacity of vessel – Mutual mistake of fact – How resolved
NATIONAL COMMERCIAL BANK OF SAUDI ARABIA V. DAMPSKIBSSELSKABET AF 1912 AKTIESELSKAB & ANRSHIPPING CONTRACT:- Cargo shipment contract – International payment instruments – Effect
NASARALAI ENTERPRISES LTD. V. ARAB BANK NIGERIA LTDSHIPPING CONTRACT AND PRACTICES:- Shipping – Lost/damaged goods by virtue of breakdown of vessel – Agency relations created – Breach of contract arising therefrom – When deemed condoned or ratified – How treated
NARUMAL & SONS NIG. LTD.,  V. NIGER BENUE TRANSPORT CO. LTDADMIRALTY AND SHIPPING LAW:- Sea worthiness of vessel – Meaning of – Effect
NIGER/BENUE TRANSPORT COMPANY LIMITED V. NARUMAL & SONS NIGERIA LIMITEDADMIRALTY AND SHIPPING LAW:- Sea-worthiness of ship – Meaning of – Proper time to determine same – Liability of Carrier and shipowner
NIMB V. UNION BANK OF NIGERIA PLCSHIPPING PRACTICES:- Import – Treatment and handling  of perishable cargo – How treated
OWNERS OF MV GONGOLA HOPE V. SMURFIT CASES NIGERIA LTDSHIPPING CONTRACT:- Carriage of goods by sea- Claim for damages for non-delivery of goods carried for reward by sea – Clearing agent – Whether appointment extinguished the right of action of owner of goods – Proper treatment of
OWNERS OF THE M.V. FORTUNATO V. OWNERS OF THE M.V. AFRICAN HYACINTHADMIRALTY AND MAIRTIME LAW:- Arrest of Ship – Powers of court thereto – Discretionary power of courts to order release of ship under order 9 rule 2(3) of the Admiralty Jurisdiction Procedure Rules 1993 – Proper treatment of
SS. KNUTSFORD, LIMITED V. TILLMANNS AND CO.SHIPPING CONTRACT AND PRACTICES:- Bill of Lading – Construction – “Inaccessible on account of Ice” – “Unsafe in consequence of War, Disturbance or any other Cause” – How construed – Application of the Ejusdem Generis Principle
“THE MT MAKHAMBET” & ORS. V. THE INCORPORATED TRUSTEES OF INDIGENOUS SHIPOWNERS ASSOCIATION OF NIGERIA & ANOR.ADMIRALTY AND SHIPPING LAW:- Interpretation of the Cabotage Act – Requirement for licence for a ship to operate in Nigeria’s territorial waters – How proved – Effect
TOTAL TRANSPORT CORPORATION V. ARCADIA PETROLEUM LIMITEDSHIPPING CONTRACT:- Charter party contract – Construction of – Arbitration clause – Award arising therefrom – How treated
TRIANA LIMITED V. POLYMAKERS LIMITEDSHIPPING PRACTICES:- Clearing agent – Nature of agency created with importer of goods– Whether duty extends to  ascertaining that the goods shipped according to the bill of lading were those delivered at the port, that the quantity tally with that indicated on the bill of ladingand the safe delivery of the goods to the principal –Liability for shortage of consignment – How determined
UMARCO (NIG) PLC V. JOFABRIS AND ASSOCIATES LTDADMIRALTY AND SHIPPING LAW:- Carriage of Goods by Sea Act – Application of – Extent of – Whether applies to both inward and outward shipments – Section 2, Carriage of Goods by Sea Act – Construction of
VAMOS NAVIGATION LIMITED V. CHIEF REGISTRAR HIGH COURT OF LAGOS STATE AND ANORADMIRALTY AND SHIPPING LAW:- Arrest and detention of ship to satisfy judgment debt – Form 40 of the First Schedule to the judgments (Enforcement) Rules-Where writ issued without Order of Court—Whether arrest and detention lawful.
ZECO NIGERIA LIMITED V. LEADWAY ASSURANCE COMPANY 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
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