CaseLaw
Seismograph Serv. V. Mark (1993) CLR 9(F) (CA)
Brief
Facts
Respondent was a fisherman who sued appellants in the sum of N117,000.00 as compensation for damages arising from the destruction of his fishing nets by the appellants vessel and the sum of N500.00 for each day of loss of use of those fishing nets and earnings from the 20th February, 1988 till the day of judgment.
Respondent stated he set his fishing nets in the fishing port in Akazat-Emeleoke waters in Ikot Abasi on the 20th of February 1988. Accompanying his nets were floaters and buoys to warn vessels of the nets.
A vessel owned by 1st appellant on service to 3rd appellant and captained by 2nd appellant negligently tore through the nets and damaged them - some part were lost and others were dragged away by the vessel.
The respondent tendered two purchase receipts for the items allegedly damaged by the appellants' vessel which added up to the sum of N117,000.00. But had earlier demanded various sums of money from the appellants through his solicitors. He stated that this was due to the fact that he misplaced the receipts and could only find them after the institution of the action which implied that the amount he asked his solicitor to demand was a mere guess.
Appellants defended that they did not carry out operations on the date in question and that sufficient warning of such operations were always given via long blasts of alarm;
Added to the above, they claimed that their operations were usually carried out at a very slow speed.
The High Court gave judgment in favour of the respondent and the appellants,
being dissatisfied with the decision, appealed to the Court of Appeal.