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HILLARY FARMS LTD & ORS V. M.V MAHTRA & ORS

(2007) JELR 47203 (SC)

Supreme Court  •  SC.43/2002  •  15 Jun 2007  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; DAHIRU MUSDAPHER JSC; SUNDAY AKINOLA AKINTAN JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

S. U. ONU, J.S.C (Delivering the Leading Judgment): The facts of this case are not complicated nor are they disputed. The three plaintiffs/appellants companies (which were owned and managed by the same persons) ordered from Moscow in 1993 in a consignment of electric water heaters and electric irons. The said consignment was loaded into five containers and the containers which were in turn placed on board the 2nd defendant's vessel M/V "Kadrina" in the port of Tallin for carriage to Lagos, Nigeria. The 2nd defendants issued a number of bills of lading dated the 22nd March, 1993 covering the aforesaid consignment and the vessel sailed for Lagos.

On the 12th April, 1993 the vessel arrived Lagos and on the 10th May, 1993 (a month later) the aforesaid containers were discharged from the aforesaid vessel at Tin Can Island Container Terminal. Be it noted that as a substantial quantity of goods imported into Nigeria now come in containers, where a container is loaded on a vessel and transpo…

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