NNANTA ORIANWO V. L. O. OKENE
June 18, 2025BENSON OBIAKOR V. THE STATE
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 41081
In the Supreme Court of Nigeria
Fri Jun 7, 2002
Suit Number: SC. 250/2000
CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
1. THE “CAROLINE MAERSK” SISTER VESSEL TO MV“CHRISTIAN MAERSK”2. THE OWNERS OF MV “CHRISTIAN MAERSK”3. MAERSK (NIGERIA) LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent instituted action against the defendant for damage to his goods. The trial court awarded the invoice value of the goods which were not shown to have been declared and inserted in the bill of lading.
HELD
The court held that the 3rd defendant, as agent of the 2nd defendant in Nigeria, was not liable because the damage to the goods did not occur in Nigeria and referred the issue of assessment of damages due to the plaintiff from the other defendant back to the trial court.
ISSUES
Whether the Court of Appeal was correct in its assessment of the quantum of damages.Whether the Court of Appeal was right in affirming the finding of the lower court that the carrier was liable for damages to the goods.Whether the 3rd defendant being an Agent of the carrier was liable whether jointly or separately for damage to the goods.
RATIONES DECIDENDI
SPECIAL LIABILITY OF AN AGENT
Normally, an agent is not vicariously liable for the default of his principal. However, section 16(3) of Admiralty Jurisdiction Act creates special liability of the agent – Ayoola J.S.C.
CASES CITED
Agidigbi v. Agidigbi (1996) NWLR (Pt. 454) 300, 313Bondholders A.G. v. The King [1936] 3 All E. R 407 at 419 Pyrene C. Ltd. v. Scindia Navigation Co. Ltd. [1954] 1 Lloyd’s Rep 321, 326.In The Rosa S [1988] 2 Lloyd’s Rep 574
STATUTES REFERRED TO
The Carriage of Goods by Sea ActThe Admiralty Jurisdiction Act
