CaseLaw
Sonnar V. Partenreedri M.S Nordwind (1987) CLR 11(a) (SC)
Judgement delivered on November 13th 1987
Brief
Facts
The plaintiffs (appellants) claimed in the Federal High Court jointly and severally against the defendants (respondents) general and special damages for a breach of contract arising out of non¬-delivery of a consignment of rice shipped to Lagos from Bangkok aboard a Ship M.S. Nordwind. The 1st defendant is the owner of the Ship with its office in Germany. The 2nd defendant, a company registered in Libe¬ria issued the Bill of Lading, while the 3rd defendant were the sellers and suppliers of the rice shipped.
Following the filing of the action, the basic contention of counsel for the first defendant was that under the terms of the bill of lading, it was stipulated that any dispute arising was to be governed by the laws of the country where the carrier has its place of business (Germany) and thus brought an application for an order to stay the action in so far as it relates to the 1st defendant.
The plaintiff argued that even though there existed such a clause, the Bill of Lading does not oblige the court to stay proceedings and order the par¬ties to go to another jurisdiction.
The trial judge granted the stay as sought by the 1st defendant and held inter alia that there was insufficient evidence of Ger¬man Law before the court and, thus the plaintiffs did not discharge the onus which lay on them.
The plaintiffs appealed to the Court of Appeal which held that there were not enough reasons canvassed by the appellants for the discretion to be exercised in their favour and their appeal was dismissed.
The appellants further appealed to the Supreme Court.