SUSAINAH (TRAWLING VESSEL) & ORS. V. MR. SEGUN ABOGUN

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ukeje, Chief Judge of the Federal High Court sitting at Lagos in suit No. FHC/L/CS/1237/96 which was delivered on the 26th day of March 2004. The Respondent herein was the Plaintiff at the lower Court. The brief facts of the Respondent's case as set out in his further amended statement of claim of 30th November, 2000 which is at page 138-141 of the record is that he and his son, Mr. Sola Abogun were out at sea fishing at night in their 40 H.P. Yamaha engine powered wooden boat at the coast of Ilepete town in Ilaje Ese-Odo Local Government Area of Ondo State. They had with them two types of fishing nets equipped with fishing gears such as floaters lead and paddles. It is the Respondents further statement that he had four hurricane lanterns hung on these giant floaters deposited at intervals along the stretch of his nets so that other fishermen and trawlers could identify their locati…