By a Writ of Summons dated 10-4-96, the Plaintiff, Lotus Plastics Limited, instituted an action at the Federal High Court sitting at Lagos against the Nigerian Ports Authority Plc and Elder Dempster Agencies Limited as 1st and 2nd Defendants respectively and claimed the following reliefs -
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1.
The sum of US$49,300.00 cost of the bus and freight or its Naira equivalent at a date of judgment on commercial exchange rate.
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2.
The sum of N300,000.00 cost of survey.
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3.
The sum of N1,000,000.00 general damages.
Pleadings were ordered by the trial Federal High Court on 04-7-96. The Plaintiff duly complied with this order by filing its statement of claim on 23-7-96. However, the 1st Defendant, the Nigerian Ports Authority Plc, without filing its statement of defence decided to challenge the competence of the Plaintiff's claim against it by filing a motion of notice dated 16-8-96 pursuant to Order 27 Rules 1 and 3 of the Federal High Court Civil Procedure Rules 1976 and sought for an order:
"dismissing this suit against the 1st Defendant/Applicant for failure of the Plaintiff/Respondent to comply with the provisions of Section 72(1) of the Ports Decree No.74 of 1993 and for such further or other orders as this Honourable Court may deem fit to make in the circumstances."
In the affidavit in support of this application, it was averred in paragraphs 3 and 4 thereof as follows-
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3.
"That I am informed by counsel handling this matter, Mrs. O.I. Laoye and I verily believe her that the Plaintiff/Respondent did not commence this action within 12 months next after the act of neglect or default complained of.
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4.
That I am further informed by the said counsel and I verily believe her that the Plaintiff/Respondent did not comply with the provision of Section 72(1) of the Ports Decree No.74 of 1993 and this action should be dismissed with costs.
The motion which came up for hearing before Bioshogun J. on 31- 7-97, was duly argued and in his ruling delivered on 22-9-97, the learned Judge of the trial Court upheld the objection of the 1st Defendant and dismissed the Plaintiffs claim mainly on the ground that the claim was incompetent for the failure of the Plaintiff to bring the action within the 12 months period prescribed under Section 72(1) of the Nigerian Ports Decree No.74 of 1993.
The Plaintiff was aggrieved by this ruling of the-trial Court and therefore appealed against it to the Court of Appeal Lagos Division where the appeal was heard on 10-10-2000., In its judgment delivered on 29-11-2000, the Court of Appeal allowed the Plaintiff's appeal and held that the trial Court was wrong in dismissing the Plaintiff's action.
