SHIPCARE NIGERIA LIMITED OWNERS OF THE M/N AFRICA HYACINTH V. THE OWNERS OF THE M/V FORTUNATO & ANOR.

BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant is the owner of M/T African Hyacinth. On the 11th day of April 1997 at about 7.40 pm whilst navigating in the Warri Port, and proceeding to the loading Terminal she collided with the M/V fortunato which was at anchor. There was extensive damage to M/V fortunato. The collision occurred in a Pilotage District and by the provisions of section 23(1) and (3) of the Ports Decree 1993 the appellant's ship must be under the Pilotage of a Nigeria Ports Authority pilot or a Licensed pilot of the District. Both courts below found that the appellant's ship was not manned by a competent Pilot. By summons for Decree of Limitation brought under section 363, Merchant shipping Act, 1990, Section 9 of the Admiralty Jurisdiction Act, 1991, Order 13 of the Admiralty Jurisdiction (Procedure) Rules 1993, the appellant admitted liability for the damage arising out of the collision with the M/V fortunato but by the action supra sough…