Section 83: Liability for loss or damage to goods
(1) Subject to the provisions of this Act, the Authority shall not be liable for any loss of or damage to goods carried by the Authority solely by ship,or partly by train or vehicle and partly by ship, where the loss or damage occurs during the carriage by ship and arose from-
(a) an act of God;
(b) an act of war or of the enemies of the State;
(c) a fire, or an accident from machinery, boilers or steam;
(d) a peril or an accident of the seas, inland waters, or navigation of whatsoever nature or kind and arising from any cause whatsoever.
(2) Subject to subsection (1) of this section and to--
(a) the provisions of any enactment or law relating to the carriage of goods by sea;and
(b)
any condition expressed in the contract of carriage,the Authority shall be liable for any loss or damage which occurs during the carriage by ship to the extent to which it would be liable under the Merchant Shipping Act, as if the ship were registered under that Act and the Authority were the owner of the ship and not to any greater extent.
[Cap. M11.]
(3)
Where the Authority seeks to avoid liability under the provisions of subsection (1) or (2) of this section,the burden of proving that any loss: or damage occurred during the carriage by ship shall lie on the Authority.
Cite this section
Section 83, NIGERIAN PORTS AUTHORITY ACT (1999).
https://repo.podus.ai/laws/nigerian-ports-authority-act/section/83/