CLEMCO INDUSTRIES LIMITED V. THE OWNERS OF MV “RAB”

GALADIMA, JCA (Delivering the Lead Judgment): This is an appeal by the Plaintiff against the ruling of Odunowo J. of the Federal High Court delivered on 28th May, 1999 declining jurisdiction in this case pursuant to the defendant’s challenge of plaintiff’s locus standi . It is necessary to state the facts of this case. The appellant as plaintiff in the lower court issued out a writ of summons against the respondent as the defendant, claiming the sum of N50 million being damages for breach A of contract and or breach of duty and or negligence of the defendant, their servants or agents in respect of damage done to the goods during the voyage or shot delivery of consignment of 8,000 metric tonnes of rice shipped through the defendant. Simultaneously, the appellant applied for and obtained an order exparte arresting the MV. “RAB” belonging to the respondents so as to secure its claim. In due cause, the respondent provided a Bank Guarantee by First Bank of Nigeria Plc to affect the V…