CaseLaw
Owners M/V Baco Liner 3 V. Adeniji (1993) CLR 3 (A) (CA)
Brief
Facts
Mr. Emmanuel Adeniji sued the OWNERS and MASTERS of the M/V BACO LINER 3 on 24th November, 1988. He claimed the sum of E22,272.00 (British pound sterling) for loss/damage of 350 pa of personal effect shipped abroad the BACO LINER 3. He also applied and obtained an order of arrest from the court below. The order of arrest was duly executed. BACO posted bond in the sum of N230,000.00 and she gained freedom and sailed away on 1st December, 1988.
Seven days later, and precisely on 8th December, 1988, the appellants brought a motion for the dismissal of the action on the following grounds: (a) That the plaintiff has no cause of action against the defendants. (b) That the plaintiff has no locus standi to maintain the action. (c) That the plaintiff has no standing to bring the suit against the defendants within the meaning of the Bill of Exchange Act. 1855 and, (d) That the plaintiff cannot successfully obtain judgment against the defendants in the proceedings, assuming the facts are admitted. Mr. Adeniji also brought a motion "for joining Mrs. Wilhemina Ajumoke Adeniji as a joint plaintiff" in the suit.
The motion was duly argued by counsel for both parties. The learned trial Judge came to the conclusion that Mr. Adeniji was neither the consignee nor an endorsee in the bill of lading. He struck out the name of Mr. Adeniji from the action. He however substituted the name of Mrs. Wilhomina Ajumoke Adeniji in place of the husband.
Dissatisfied with that decision the appellants appealed to the Court of Appeal.