Case Review: Suit No FHC/PH/639/2016 - West African Vessel Supply Services Ltd. V. The M.V. MDPL Anjali & Anor
Disputes are inevitable in human (natural or artificial) interactions. When they arise, it is important to, among other things, carefully ascertain the basis of such disputes and channel same for resolution through appropriate dispute resolution mechanism(s) and have the proper and/or necessary parties answer to the claim(s) accordingly. A Claimant therefore must initiate an action for a claim, joining the proper/necessary parties to such action.
In WEST AFRICAN VESSEL SUPPLY SERVICES LTD. v. THE M.V. MDPL ANJALI & THE MASTER OF THE M.V. MDPL ANJALI1 (the “Suit”), the Federal High Court (“FHC”) of Nigeria (Port-Harcourt Judicial Division) was called upon to tackle the issue of privity of contract in a case involving claims for brokerage commission/fees against two (2) Defendants, under a charterparty agreement and a brokerage agreement which neither of the Defendants was a party to. In its well-considered judgment, the FHC agreed with the arguments lucidly canvassed by Bloomfield Law Practice on behalf of the Defendants, which aided the Court in reaching a clear conclusion that the claims lacked merits and deserved to be dismissed accordingly.