This appeal is against the judgment of the Court of Appeal, Lagos Division delivered on the 5th day of March 2001. The Appellant Basinco Motors Limited as Plaintiff instituted an action before the Federal High Court, Lagos, against the Respondents, Woermann-Line and Umarco (Nigeria) Plc as 1st and 2nd Defendants jointly and severally for the under mentioned claims:-

The case of the Plaintiff before the trial Court in a nutshell was that the Appellant a limited liability company engaged in the business of automobile spare parts and vehicle accessories ordered for 2 pallets and one carton of car spare parts from Terramem GMBH of Hamburg Germany. Woermann-Line a shipping company based in Hamburg Germany conveyed the items down to Nigeria on board the ship M.V. Fiona in the container LCL 1X2ONOEACU484035-1 to be delivered to the warehouse of the 2nd Respondent Umarco (Nigeria) Plc, an agent of the 1st Respondent. The particulars of the consignment are:-

A certificate of value dated 11th day of May, 1992 was issued by the shippers to the Appellants. On arrival at the Apapa Port Warehouse of the 2nd Respondent a routine check of the container was conducted. It was discovered that the container landed with part of the contents missing. The Respondents acknowledged the short delivery of the consignment and accepted liability in their letter of the 4th of November 1992 to the Appellant. The Appellant went to Court because the 1st Respondent owed it a duty of care to deliver the consignment as contained in the bill of lading Ref. No. W013 of 21st of May 1992. When it became apparent at the trial Court that the Appellant was not a party to the contract of carriage, the Respondents filed a motion on notice dated the 30th of May 1994 pursuant to Order 27 Rules 1, 2 and 3 of the Federal High Court Civil Procedure Rules 1976, Section 375(1) of the Merchant Shipping Act Cap.224, Laws of the Federation 1990 and under the inherent jurisdiction of the Court seeking the following reliefs:-

The presiding Judge took arguments of Counsel in respect of the application. In a considered ruling delivered on the 26th of July 1996 the trial Court dismissed the suit in limine for lack of locus standi by the Plaintiff/Appellant.

Dissatisfied with the ruling the Appellant filed a Notice of Appeal to the Court of Appeal urging the Court to reverse the decision of the trial Court. On the 15th of March 2001 the Court of Appeal dismissed the appeal and affirmed the judgment of the trial Court. Aggrieved by the decision of the Court of Appeal, the Appellant further filed an appeal in this Court.