Legalpedia Citation: (2010) Legalpedia (SC) 61112
In the Supreme Court of Nigeria
Fri Dec 10, 2010
Suit Number: SC.116/2002
CORAM
CHRISTOPHER MITCHELL-CHUKWUMA-ENEH, JUSTICE, SUPREME COURT
PARTIES
JFS INVESTMENT LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff/appellant claimed against the defendants now respondents for the sum of N19, 980.68 being the duty paid on goods undelivered. Damages for breach of contract and loss suffered. Interest on the said judgment sum from the 16th of September 1994 till judgment thereafter
HELD
APPEAL DISMISSED
ISSUES
None.
RATIONES DECIDENDI
POWER OF STATUTES
“The provision of the Hague Rules Article 3 Rule 6 leaves no ground for ambiguity as to limitation of action. The carrier and the ship shall be discharged from liability in respect of such loss or damages to the Cargo unless the suit in respect such loss or damages is brought within one year after delivering of the goods or date when goods should have been delivered.” PER OLUFUNLOLA OYELOLA ADEKEYE, JSC
CASES CITED
Ibidapo v. Lufthansa Airlines (1977) 4 NWLR (pt.448) pg. 124 at pgs 144-145.Oshevare V. British Caledonian Airways Ltd. (1990) 7 NWLR (Pt.63) Pg.507 at pg. 519.
STATUTES REFERRED TO
Hague Rules Article 3 Rule 6