CORAM
OBASEKI, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
PARTIES
ALUMINIUM MANUFACTURING COMPANY
APPELLANTS
NIGERIAN PORTS AUTHORITY
RESPONDENTS
AREA(S) OF LAW
JURISDICTION- ADMIRALTY LAW- LAW OF CONTRACT
SUMMARY OF FACTS
The Federal High Court, Lagos found that the court lacks the jurisdiction to entertain the Suit of the appellants and sent it to the State High Court for trial. The Court of Appeal however set aside the order transferring the suit to the Lagos State High Court and substituted it with an order striking out the suit. Still dissatisfied, the plaintiff/appellant has now raised the question before the Supreme Court in this appeal.
HELD
The Court set aside the order of striking out and in its stead the order of transfer made by the Federal High Court was restored, thus affirming the decision of the court of appeal on jurisdiction.
ISSUES
1. Whether the claim filed is within the admiralty jurisdiction of the Federal High Court or not.
2. Whether the order striking out the claim made by the Court of Appeal is justified having regard to the provision of section 230, 231 and 233 of the 1979 Constitution of the Federal Republic of Nigeria and of section 22(2) of the Federal High Court Act and the decision of this Court in Mokelu v. Federal Commissioner for Works and Housing (1976) 1 N.M.L.R. 329, 333.
RATIONES DECIDENDI
WHEN A MATTER COMES PARTLY WITHIN THE JURISDICTION OF THE FEDERAL HIGH COURT AND PARTLY WITHIN THE JURISDICTION OF THE STATE HIGH COURT
Once a matter comes partly within the jurisdiction of the Federal High Court and partly within the jurisdiction of the State High Court, there is nothing to oust the jurisdiction of the Federal High Court. The Federal High Court is entitled to assume its jurisdiction in the matter. The State High Court can also assume its jurisdiction in the matter. It should be observed, however, that the State High Court has unlimited jurisdiction. Per Obaseki JSC
ADMIRALTY JURISDICTION OF THE HIGH COURT
The Admiralty jurisdiction of the High Court includes jurisdiction to hear and determine any claim for loss of or damage to goods carried in a ship and any claim arising out of any agreement relating to the carriage of goods in a ship or the use of hire of a ship. Per Obaseki JSC
DEFINITION OF BAILMENT
A bailment is defined as a delivery of goods on condition that the recipient shall ultimately restore them to the bailor, they may thus be hired or lent or pledged or as in this case, deposited for safe custody. Per Obaseki JSC
CASES CITED
American International insurance Company v. Ceekay Traders Limited (1981) 5 S.C. 81
R. v. City of London Court Judge and Payne (1892) 1 Q.B. 273 at 292-294 C.A
St. Elefario (1957) P.179 (1957) 1 Lloyd’s Rep. 283.
American International Insurance Company Limited v. Ceekay Traders Limited (1981) 5 SC. 81 at 100-102
STATUTES REFERRED TO
1979 Constitution of the Federal Republic of Nigeria
Federal High Court Act 1973
Admiralty Court Act 1840
Administration Justice Act 1956
High Court of Lagos State (Civil Procedure) Rules