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PACERS MULTI-DYNAMICS LTD V. THE M.V. DANCING SISTER & ANOR

(2012) JELR 49552 (SC)

Supreme Court  •  SC.238/2001  •  13 Jan 2012  •  Nigeria

Coram
ALOMA MAIRAM MUKHTAR JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; BODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC;

Appearances
Mr Adeniyi Adegbonmire (with him, Cephas Caleb) For Appellant No appearance for the 1st Respondent.Mr. Ayo Olorunfemi for the 2nd Respondent For Respondent

Judgement
<p>BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The claims of the appellant as plaintiff/applicant in an Admiralty Action in Rem reads </p><p> &quot;The plaintiff as the consignee and owner of 13,600 Metric TONNES of Brazilian white refined Sugar covered by the &quot;Congenbill&quot; Edition 1978 bills of Lading Nos. 1, 2, and 3 shipped on Board the Defendants&#x27; vessel &quot;DANCING SISTER&quot; for carriage of the said 13,600 Metric Tonnes of Brazilian white refined Sugar from RECIFE in BRAZIL to APAPA, LAGOS, claims against the Defendant&#x27;s jointly and severally for the value of 58.9 metric tonnes short landed cargo (refined sugar) and damages for breach of contract and/or breach of duty and/or negligence of the Defendant&#x27;s their servants, or Agents in respect of Damage done to 2,000 Metric Tonnes of the said goods during the said voyage in the sum of $1,007,213.00 (One Million and seven thousand, Two hundred and thirteen U.S. Dollars) only.</p><p> On the 7th of April, 1995 the appellant as plaintiff filed th…</p>

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