BASINCO MOTORS LTD V. WOERMANN LINE

CORAM

MARIAM ALOMA MUKHTAR, JUSTICE SUPREME COURT

CHRISTOPHER MITCHEL CHUKWUMA-ENE, JUSTICE SUPREME COURT

OLUFUNLOLA AYELOLA ADEKEYE, JUSTICE SUPREME COURT

MARIAM ALOMA MUKHTAR, JUSTICE SUPREME COURT

PARTIES

BASINCO MOTORS LTD APPELLANTS

WOERMANN LINE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant who was not a party to a bill of lading instituted an action against the respondent claiming alleged short landing of spare parts. The respondents contested on the basis that the appellant had no locus standi. The trial court held that the appellant lacked locus standi. The Court of Appeal dismissed the appellant’s appeal. The appellant has further appealed.

HELD

Appeal dismissed.

ISSUES

NONE.

RATIONES DECIDENDI

LOCUS STANDI TO SUE ON A BILL OF LADING

Locus Standi to sue on a bill of lading either in contract, bailment or Negligence in Tort is statutory derivable from section 375(1) of the Merchant Shipping Act Cap 224 laws of the Federation 1990. Per ADEKEYE JSC

PRIVITY OF CONTRACT ENGENDERS LOCUS STANDI

Where the question of locus standi comes into the issue of cause of action a plaintiff who has no privity of contract with the defendant will fail to establish a cause of action, for breach of the contract as he will simply not have a locus standi to sue the defendant on the contract. Per ADEKEYE JSC

PRIVITY OF CONTRACT

Only parties to a contract can sue or be sued on the contract and a stranger to a contract can neither sue or be sued on the contract even if the contract is made for his benefit and purports to give him the right to sue or make him liable upon it. Per ADEKEYE JSC

CASES CITED

STATUTES REFERRED TO

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