OSTANKINO SHIPPING COMPANY LIMITED (OWNERS OF THE MT “OSTANKINO”) V. THE OWNERS OF THE MT “BATA 1”, THE MASTER OF THE MT “BATA 1”, THE MANAGERS/OPERATORS OF THE MT “BATA 1”, THE MT “BATA 1”

MSHELIA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Federal High Court Lagos delivered on 6 March 2007, wherein Olomojobi J. dismissed the appellant’s suit. Admiralty action in rem was instituted by the appellant against the respondents, by its writ of summons and amended statement of claim dated 7 October 2003, claiming loss and expenses sustained by the MT ‘Ostankino’ by reason of collision with the defendants’ ship, the MT “BATA 1” which collision occur at offshore, Lagos, Nigeria, on 3 and 4 August 2002. The collision occurred when the 4th respondent went beside the “MT Ostankino” to do a ship-to- ship transfer of petroleum cargo. As per the amended statement of claim, dated 7 October 2003, appellant claims jointly and severally against the defendants the following reliefs:

“(i) Repair of the damages at Busan USD62,755.00.

(ii) Cost of life Raft Davit USD20,605.90.

(iii) Transportation cost of the ABV life Raft - USD7,370.18.

(iv) Cost of in…