PACERS MULTI-DYNAMICS LTD VS THE M.V DANCING SISTER & ANOR (2012)

PACERS MULTI-DYNAMICS LTD VS THE M.V DANCING SISTER & ANOR

(2012) LCN/4041(SC)

In the Supreme Court of Nigeria

Friday, January 13, 2012


Case Number: SC. 238/2001

 

JUSTICES:

ALOMA MARIAM MUKHTAR JUSTICE, SUPREME COURT

FRANCIS FEDODE TABAI JUSTICE, SUPREME COURT

IBRAHIM TANKO MUHAMMAD JUSTICE, SUPREME COURT

BODE RHODES VIVOUR JUSTICE, SUPREME COURT

NWALI SYLVESTER NGWUTA JUSTICE, SUPREME COURT

 

APPELLANTS:

PACERS MULTI-DYNAMICS LTD

 

RESPONDENTS:

1. THE M.V. DANCING SISTER

2.THE CHARTERERS OF THE M.V. DANCING SISTER

 

RATIO:

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

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

MEANING OF 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

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

MEANING 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

 

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