M. MOHAMMED, J.S.C (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Lagos Division given on 21st June, 2001, in which it dismissed the Appellant's appeal against the Ruling of the trial Federal High Court, Lagos of 28th June, 1989, dismissing the Appellant's application for stay of proceedings in an action for damages on liability or demurrage incurred in a contract of carriage of goods by sea filed by the Respondent as Plaintiff against the Appellant as the Defendant.
The Respondent is the owner of the ship named 'MV Frio Caribic,' hereinafter referred to as 'the ship.' The ship was chartered to convey a consignment of frozen fish from Mar Del Plata in Argentina, to Apapa Lagos, Nigeria. The ship arrived at the Apapa port on 29th December, 1987 and discharged its cargo. Following the alleged delay in the Appellant taking delivery of the cargo within the time agreed by the parties in the Bill of Lading, the Respondent brought an action agai…