judy.legal
Login Register

KAYCEE (NIGERIA) LTD V. PROMPT SHIPPING CORPORATION & ANOR

(1986) JELR 36380 (SC)

Supreme Court  •  SC.90/1985  •  17 Jan 1986  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; AUGUSTINE NNAMANI JSC; KAYODE ESO JSC;

Judgement

KARIBI-WHYTE, J.S.C(Delivering the Leading Judgement).-Plaintiffs/Appellants have appealed to this Court against the dismissal of their appeal by the Court of Appeal. The only issue which has been raised for determination before us and was also the central issue in the Court of Appeal is whether on the interpretation of clause 24 of the Bill of Lading Exhibits "B" and "B1" and on the facts of the case, Plaintiffs/Appellants were barred from instituting actions in respect of damage to or loss of goods arising from Exhibits "B" and "B1"? The majority of the Court of Appeal, Adenekan Ademola, J. C. A., and Uthman Mohammed, J. C. A., concurring held that it did. Nnaemeka-Agu, J. C. A., held that it did not.

Appellant has filed only one ground of appeal, which reads

1. The majority of the Justices of the Court of Appeal erred in law by construing clause 24 of the Bills of Lading Exhibits Band B 1, as imposing a limitation of action on the appellants and thereby came to a wrong decision.

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login