MARITIME LAW — Bills of Lading — Section 375(1) of the Merchant Shipping Act — Interpretation
Ratio Decidendi
Per Adekeye, JSC, in Basinco Motors Limited v. Woermann-Line (2009) NLC-123-24-2003(SC) at pp. 19–20; Paras E–A:
"It is now settled by a plethora of cases that by virtue of section 375(1) of the Merchant Shipping Act 1990 only a consignee of the goods named in a bill of lading or an endorsee whom the property in the goods have passed and by virtue of those facts will be able to sue on a bill of lading contract. A notify party or addressee cannot therefore possibly be a party to the contract evidenced in the bill of lading."
Explanation / Scope
This principle interprets Section 375(1) of the Merchant Shipping Act. Only consignees named in the bill of lading or endorsees with property in goods can sue. A notify party or addressee is not a party to the contract. The principle applies in maritime claims on bills of lading. It ensures that only parties with legal interest can sue. The principle reflects the statutory requirements for standing. It prevents claims by parties without contractual or proprietary interest. The principle is settled by a plethora of cases. It provides certainty in maritime law.