XINET SINGAPORE LIMITED (OWNERS OF THE MV “THORSCAPE”) V. MOFAS SHIPPING LINE (NIG.) LTD NIGERIAN PORTS AUTHORITY

IYIZOBA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Sanyaolu J. of the Lagos Division of the Federal High Court in suit No. FHC/L/CS/118/2000 delivered on 15 May 2003 striking out the appellant’s suit as incompetent on the ground of failure to give the 2nd respondent the statutory one month notice of intention to commence the suit.

The plaintiff (now appellant) by an originating summons dated 4 February 2000, claimed againstthe defendants (now respondents) as follows: “(a) A declaration that pursuant to a time charter-party dated in London, 7 October 1999, between the plaintiff and a Messrs,

United Mediterranean Lines Incorporated (hereinafter referred to as “United) the said vessel was time chartered by the plaintiff to the said “United” upon the terms and conditions set out in the said charter party. A declaration that pursuant to the said charter party terms,

“United” and all who derive their title from them “shall provide and pay for all the fuel ...…