TRANSFER OF RIGHTS AND LIABILITIES UNDER A BILL OF LADING: A CRITIQUE OF THE SUPREME COURT JUDGEMENT IN CHACHAROS vs. EKIMPEX

The object of this paper is to examine the legal nature and characteristics of a bill of lading against which background, a critical assessment of the judgement of the Supreme Court of Nigeria in the case of Captain Michael Chacharos v. Ekimpex Ltd will be undertaken with a view to showing that as a document of title, transfer of rights and liabilities under a bill of lading is unfettered by the qualification introduced by the honourable Supreme Court in the judgement under review and which qualification as will be shown in the paper was apparently introduced in error. The paper will thus conclude by asserting what are, in the considered opinion of the writer, the rights and liabilities of an assignee of a bill of lading and against whom, 1B the appropriate circumstances his remedy lie for any breach in connection with the original contract of carriage.