Before Their Lordships
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
MOHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
SAIDU KAWU Justice of The Supreme Court of Nigeria
CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Between
ALUMINIUM MANUFACTURING COMPANY (NIGERIA) LTD Appellant
AND
NIGERIAN PORTS AUTHORITY Respondent
Alternative Citations
A.M.C. V. N.P.A. (1987) NWLR (Pt. 51) 475 S.C
(1987)LPELR-438(SC)
…………………….A…………………….
OBASEKI, J.S.C: (Delivering the Leading Judgment): The question of the limits of the Admiralty Jurisdiction of the Federal High Court as provided by the Federal High Court Act (formerly Federal Revenue Court Decree) 1973 has arisen in only a few cases that have come before this Court on appeal. It has only been incidental to the real question of whether a claim filed before the Federal High Court comes or does not come within the jurisdiction of that Court. That appears to me to be the position in this case and the main question for determination by this Court is this:
“Does the claim of the appellant come within the Admiralty Jurisdiction of the Federal High Court?”
The Federal High Court (Kachikwu, J.) answered this question in the negative and transferred the suit to the Lagos State High Court in pursuance of the powers vested in it by the Federal High Court Act section 22(2).
The Court of Appeal also answered the question in the negative when the matter was taken up there on appeal by the plaintiff/appellant. The Court of Appeal however set aside the order transferring the suit to the Lagos State High Court and substituted it with an order striking out the suit. Still dissatisfied, the Plaintiff/appellant has now raised the question before the Supreme Court in this appeal.
The claim before the Federal High Court was a simple claim of N198,872.99 general and special damages with interest at the rate of 10% per annum for “breach of a contract of bailment and or breach of duty as a bailee in the custody of 47 packages of aluminium sheets delivered to the defendant ex. M.V. River Aboine.” More particularly, the particulars of claim endorsed on the writ of summons read:
C.I.F. value of 47 packages of aluminium sheets N178,872.99 General damages N20,000; And the plaintiff claims N198,872.99 with interest at 10% per annum and costs.”
