LEGAL PRINCIPLE: CIVIL PROCEDURE – Locus Standi – Bills of Lading – Right to Sue Based on Ownership Allegations
PRINCIPLE STATEMENT
These 2 paragraphs have clearly shown the relationship between the appellants and the respondent in relation to the consignments involved i.e. pallets of paper which at all material times belonged to the respondent. This alone gives the respondent the right to sue on the failure to deliver the pallets to it and whether or not it succeeds in proving its case is something else.
RATIO DECIDENDI (SOURCE)
Per Umaru Atu Kalgo, JSC, in Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC) at p. 18; Paras C–E.
"These 2 paragraphs have clearly shown the relationship between the appellants and the respondent in relation to the consignments involved i.e. pallets of paper which at all material times belonged to the respondent. This alone gives the respondent the right to sue on the failure to deliver the pallets to it and whether or not it succeeds in proving its case is something else."
EXPLANATION / SCOPE
Alleging ownership of goods in the statement of claim gives the plaintiff the right to sue for failure to deliver. Locus standi is established by the pleading of ownership—not by proof of ownership at the preliminary stage. The plaintiff need only show a sufficient interest. Whether the plaintiff can prove ownership at trial is a separate issue. The court does not weigh evidence at the locus standi stage. The principle applies to bills of lading and carriage of goods claims. The plaintiff must allege that the goods belonged to them and that the carrier failed to deliver. The defence that ownership passed to another is for trial. Standing is established by the pleading of a legal right.