Is the Sheriff and Civil Process Act Applicable to Admiralty Claims?

CASE TITLE:  GEEPEE INDUSTRIES (NIG) LTD & ANOR v. MV “KOTA MANIS” & ORS (2025) LPELR-81075(SC)

JUDGMENT DATE: 25TH APRIL, 2025

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: STEPHEN JONAH ADAH, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on admiralty.

FACTS:

This appeal is against the decision of the Court of Appeal, Lagos Judicial Division.

The appellants, who were the plaintiffs before the trial Court, by their Writ of Summons, sought the following reliefs against the defendants, now respondents, jointly and severally for liquidated damages in the sum of N94,045,146.97, being direct losses sustained by the 1st Plaintiff as a result of the fire incident on board the 1st Defendant, among other reliefs. The claims were alleged losses said to have been incurred by the 1st plaintiff/appellant as a result of the fire incident on board the 1st defendant at berth within the Lagos Port.

By a Motion on Notice, the defendants/respondents prayed for an order of the Court striking out the suit for want of jurisdiction. The appellants challenged the said application. In a ruling delivered, the trial Court struck out the appellants’ application challenging the jurisdiction of the Court and ordered the defendants/respondents to defend the action.

The appellants, now respondents, dissatisfied with the ruling, appealed to the Court of Appeal. In a judgment delivered, the Court of Appeal allowed the appeal and struck out the Writ of Summons of the appellants.

Aggrieved by the decision of the Court of Appeal, the appellants appealed to the Supreme Court.

ISSUE(S) FOR DETERMINATION:

The Court adopted the issue formulated by the Appellant, viz:

Whether in the circumstances of this case, the Writ of Summons was issued and served in compliance with the law.

DECISION/HELD:

In conclusion, the Court allowed the appeal.

RATIOS:

• APPEAL- INTERFERENCE WITH FINDING(S) OF FACT(S): Circumstances in which an appellate court will interfere with the findings of facts made by a lower court
• PRACTICE AND PROCEDURE- ISSUE OF JURISDICTION: Whether the issue of jurisdiction can be taken along with arguments on the merits of the case when raised
• SHIPPING AND ADMIRALTY- ACTION IN REM: Nature of admiralty actions; statute governing admiralty causes
• SHIPPING AND ADMIRALTY- ACTION IN REM: Principles guiding issuance and service of writ of Summons in Admiralty action in the Federal High Court
• SHIPPING AND ADMIRALTY- ACTION IN REM: Whether the Sheriff and Civil Process Act is applicable to admiralty claims

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