BASINCO MOTORS LIMITED v. WOERMANN-LINE & ANOR.
CITATION: (2009) LPELR-SC.24/2003
   
new OTHER CITATIONS:
1 B.M. Ltd. v. Woermann-Line (2009) 13 NWLR (Pt.1157) 149 S.C.
2
3
print
 
   
Nigerian Coat of Arms
In The Supreme Court of Nigeria
On Friday, the 19th day of June, 2009
Suit No: SC.24/2003
 
 Between
BASINCO MOTORS LIMITED Appelants
 
 And
1. WOERMANN-LINE
2. UMARCO (NIGERIA) PLC)
Respondents
 
SUMMARY OF JUDGMENT 

The Appellant as Plaintiff instituted this action at the Federal High Court, Lagos against the 1st and 2nd Respondents jointly and severally claiming for the sum of 38,198.35 Deutsch Marks for value of consignment of goods short landed by the Respondents and the sum of 388,116.12 Deutsch Mark for incidental expenses incurred by the Appellant as a result of the Respondent's purported negligence and loss of the goods. As the matter progressed, the Respondents discovered that the Appellant was not really a party to the contract and therefore brought an application for the suit to be dismissed in limine and was successful. The Appellant sought the Court of Appeal to quash it but failed. At the Supreme Court, the Appellant harped on persuasive authority from foreign jurisdictions for the Supreme Court to reverse its previous rulings based on Section 375(1) of the Merchant Shipping Act, 1990 and hold that as Notify Party on the Bill of Lading, it is a party to the contract and therefore endowed with locus standi in the suit. The Supreme Court disallowed the appeal.

   
Appearances
 
G. E. Ojiekhudu For the Appelants
 
E. Sodipo (with T. Adebiyi) For the Respondents