May 19, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 71411 In the Supreme Court of Nigeria Fri Jan 13, 2012 Suit Number: SC. 238/2001 CORAM PARTIES PACERS MULTI-DYNAMICS LTD APPELLANTS THE M.V […]
CORAM
PARTIES
PACERS MULTI-DYNAMICS LTD APPELLANTS
THE M.V DANCING SISTER & ANOR.
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant as plaintiff obtained an order exparte arresting and detaining the 1st defendant, which the court later discharged on the grounds that the appellant was not a party to the Bills of Lading either as a consignee or endorsee and so cannot sue on the Bills and the appellant’s action was struck out on the 2nd respondent’s application. The appellant’s appeal to the Court of Appeal was struck out. Hence this further appeal..
HELD
Appeal dismissed
ISSUES
1.Whether the court below was right when it held that a notify party cannot possibly be a party to the contract evidenced in a Bill of Lading.?
2.Whether the court below was right in holding on the evidence before the Federal High Court and the Court of Appeal, that the appellant was neither consignee nor endorsee on any of the three Bill of Lading and thus lacked the locus standi to sue on any of the subject Bill of ladings.?
3.Whether a notify party under a Bill of ladings is necessarily precluded in law from maintaining an action in the tort of negligence for loss or damage to goods carried by sea, by the mere fact of absence of a contract between such party and the owners/charterers of the carrier-vessel.?
4.Whether the Court of Appeal was right in holding that the Federal High Court should have struck out the action on the 25th of April 1995.?
RATIONES DECIDENDI
WHO HAS LOCUS STANDI
“A person has locus standi to sue in an action if he is able to show to the satisfaction of the court that his civil rights and obligations have been or are in danger of being infringed” Per Rhodes-Vivour JSC
DEFINITION OF A BILL OF LADING
“A Bill of lading is a contract between the ship owners/carriers, the shipper/consignor on the one part and the consignee/endorsee on the other part.” Per Rhodes-Vivour JSC
TEST FOR DETERMINING LOCUS STANDI
“There are two tests for determining if a person has locus standi. They are:
The action must be justifiable; and
There must be a dispute between the parties.
In applying the test a liberal attitude must be adopted” Per Rhodes-Vivour JSC
WHO HAS LOCUS STANDI UNDER SECTION 375 OF THE MERCHANT SHIPPING ACT 1990
“The above recognizes only two classes of people who can sue on a bill of lading, and they are
The consignee, or
The endorsee” Per Rhodes-Vivour JSC
DEFINITION OF A NOTIFY PARTY AND WHETHER HAS LOCUS STANDI
“A Notify party or addressee is the party who is to be notified of the arrival of the goods and is often an agent for the receiver of the goods and is often an agent for the receiver of the goods who arranges for their clearance. He has no right of audience before the court” Per Rhodes-Vivour JSC
WHO CAN SUE FOR GOODS DAMAGED AT SEA
“When goods are damaged during the voyage at sea, it is the de jure consignee who can sue. At that time the de jure consignee has property in the goods” Per Rhodes-Vivour JSC
CASES CITED
Adesanya v Leigh-Hoegh 1968 1 ANLR p. 330Seatrade v. Fiogiet 1987 – 1990 2 NSCC p. 453Senator Adesanya v. President of Nigeria 1981 5 SC p. 112?
STATUTES REFERRED TO
The Merchant Shipping Act 1990