NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP
of gross weight of the goods lost or damaged, whichever is the higher. According to Article 26 of the Hamburg Rules, the unit of account is the Special Drawing Right, as defined by the Inter - national Monetary Fund converted into naira at the date of the judgment, unless otherwise agreed by the parties. However, Section 354 of the MSA states that the limitation of liability will not apply where it is proved that the loss or damage resulted from the ship-owner’s, or its servants’ or agents’, per - sonal act or omission or the act or omission of their servants or agents acting within the scope of their employment, committed with the intent to cause that loss or damage or recklessly and with knowledge that such a loss would probably result. There will be no difference in the liability of the ship-owner for cargo damage where it is the actual carrier or the contractual carrier. Article 2 of the Hamburg Rules states that the basis of liability and limitation of liability apply to both the contractual carrier and the actual carrier. Article 10 further states that, where the contractual car - rier engages an actual carrier, the contractual carrier remains liable. 3.4 Misdeclaration of Cargo The carrier may maintain a claim against the shipper for misdeclaration of dangerous goods. Section 322(2) of the MSA requires a shipper to mark dangerous goods distinctly, with details of the nature of the goods on the outside of the outermost package containing the goods, and the shipper must first give written notice of the nature of the goods, and of the name and address of the sender, to the master or owner of the ship.
Additionally, Article 13 of the Hamburg Rules provides that the shipper must inform the car - rier of the dangerous character of the goods and, if necessary, of the precautions to be taken and, where the shipper fails to do so, the ship - per is liable to the carrier and any actual carrier for the loss resulting from the shipment of those goods; the goods may at any time be unloaded and destroyed without payment of compensa - tion. Article 17 of the Hamburg Rules also pro - vides that a shipper is liable to indemnify the car - rier against the loss resulting from inaccuracies stated in the bill of lading. Article IV (6) of the COGSA also states that the shipper shall be liable to the carrier for any dam - ages and expenses directly or indirectly arising out of the shipment of inflammable, explosive or dangerous goods, where the shipper fails to notify the carrier of the nature of the goods. 3.5 Time Bar for Filing Claims for Damaged or Lost Cargo As stated in 3.1 Bills of Lading , both the Ham - burg Rules and Hague Rules are in force in Nige - ria, and, as such, the limitation periods indicated in each of these conventions are applicable in Nigeria. Under the Hague Rules, the time bar for the insti - tution of claims for loss of or damage to goods is one year from the date on which the goods were delivered or, in the case of lost goods, one year from the date the goods should have been delivered provided that a written notice of loss or damage was given to the carrier or their agent at the port of discharge before or at the time of the delivery of the goods, or, in the case of lost goods, within three days. In relation to the Hamburg Rules, the limitation period is two years from the date the goods were
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