The Plaintiff started this Suit at the Federal High Court, Lagos Judicial Division against the Defendant claiming some monetary reliefs for the Defendant’s breach of Contract. The Defendant sought an order striking out or dismissing the Suit on the ground that it was time barred (being in breach of Article 3 Rule 6 of the Carriage of Goods by Sea Act). The Trial Court dismissed the Suit on the ground that it was time barred.
The aggrieved Plaintiff appealed to the Court of Appeal. The Learned Justices of the Court of Appeal held that the Trial Court was wrong to have dismissed the Suit because the materials placed before the Court by Affidavit evidence were not competent to ascertain the cause of action, the dates of accrual of the cause of action and when time started to run in the matter. Therefore, the Trial Court could not have correctly ascertained whether the Suit was time barred.
The Judgment of the Trial Court was set aside and the file was remitted back to the Federal High Court, Lagos for the Chief Judge to assign to another Judge.
BA LAW LLP acted for the Plaintiff