JFS INVESTMENT LTD BRAWAL LINE LTD V. BRAWAL LINE LTD & 2ORS

SUBJECT MATTER :  Admiralty

Contract of Carriage of goods by sea –What determines the  applicable  law.

Contract of Carriage of goods by sea -parties are bound by the terms  agreed upon in the contract  of carriage.

Contract of Carriage of goods by sea-limitation period to sue is determined by the clause in the bill of lading/The Hague Rules 1924.

International Law: How adapted to domestic laws.

Existing Laws/International Laws: Pre 1960  Treaties /Conventions, whether same must conform with Section 12(1) of the1979/ 1999 Constitution to become applicable in Nigeria.

“The general rule of contract is that parties to a contract have the autonomy to choose the law which will govern their transaction .It is the law chosen by the parties which will guide the court in the determination of their rights,provided the terms are not against public policy”

Per Ofunlola Oyelola Adekeye JSC

“By October 1st 1960  at the Nigeria Independence the Government of the Federation assumed all obligations and responsibilities of the colonial regime of the government which arose from valid international instruments…”

Per Ofunlola Oyelola Adekeye JSC

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