Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - NIGERIAN SHIPPING CASES: VOL. II: 1980–1986
NIGERIAN SHIPPING CASES: Vol. II: 1980–1986 edited by L. N. Mbanefo, M.A., LL.M., Barrister (Middle Temple), Solicitor and Advocate (Nigeria), Assistant Secretary, Nigerian Maritime Law Association. Professional Books, Abingdon (1988, li and 672 pp.). Hardback.
In this second volume of Nigerian Shipping Cases, a distinguished Nigerian advocate and assistant secretary of the Nigerian Maritime Law Association, Mr Mbanefo, has compiled a selection of the most important maritime law cases heard in Nigeria between 1980 and 1986. The first volume covered cases heard before the Nigerian courts from 1909 to 1979.
Volume II consists of some 78 selected cases heard in the Federal and Lagos High Court, the Court of Appeal and the Supreme Court of Nigeria. The cases cover numerous and important aspects of Nigerian shipping and admiralty laws. The litigation is wide ranging and varied. The reader will find court decisions treating matters relating to bills of lading and in particular in that context paramount clauses; whether the bareboat charter of a vessel is liable to pay for bunkers; the endorsement to the agent for the purposes of the clearance of goods; and the bill of lading as evidence of the contract between the shipper and the carrier and as evidence of the quantity of the goods shipped.
Another topic treated by the cases cited is the carriage of goods and matters relating to this, as, for example, the application of the Hague Rules applying only if the voyage originates from a Nigerian port; the liability for the deterioration of the cargo; and the negligence of the carrier for failing to deliver the goods on time. Cases reported also cover such varied topics as detinue and in particular the liability of a bailee for non-delivery of goods in his possession; c.i.f. and f.o.b. contracts, privity of contract, contract of carriage, exclusion clauses therein, and the effect of illegal contracts; liens on cargo belonging to third parties and on cargo subject to demurrage, and the distinction between maritime and statutory liens; and the Nigerian Ports Authority, dealing in this respect with the complicated issue of the exercise of reasonable foresight and care by the Authority, the joinder of this latter by court order and preconditions to actions against the Authority. Procedure cases feature prominently and treat inter alia the principles of Anton Piller orders, and various aspects of demurrer, i.e., whether such application should be made before issues are joined, or whether the plaintiff has a prima facie case. Numerous other aspects will be found in the reported cases. These include the sale of goods and the sale of a vessel, seaworthiness, security for costs, the stay of proceedings, marine insurance, negligence, and lighterage, bailment, the arrest of ships and wrongful arrest, agency, arbitration, evidence, stay of execution, time limitation and cases treating matters of a more general nature as, for example, stevedores, words and phrases, rules of the Federal High Court, and actions in rem, for personal injury, and the pursuance of simultaneous actions in different jurisdictions.
A feature of this volume is that the author, in selecting the more important cases, traces
242