UWANI MUSA ABBA AJI, JSC (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the Court of Appeal, Port Harcourt Division, delivered on 18/6/2009, which set aside the judgment of the High Court of Rivers State, Port Harcourt that dismissed the claims of the Respondent contained in the amended statement of claim dated 17/6/2003 at page 21 of the record as follows:
(a) A declaration that the defendant was negligent in handling the goods belonging to the plaintiff which the defendant was to deliver from Lagos to Port Harcourt to the plaintiff covered by receipt on 27/7/2000, which caused damages to the goods,
(b) An order of the Court compelling the defendant to pay to the plaintiff the following:
(i) The sum of ₦117,000.00 (One Hundred and Seventeen Thousand Naira) being the value of the goods damaged
(ii) The sum of ₦4,700.00 (Four Thousand Seven Hundred Naira) being the cost of transport to and from Port Harcourt to Lagos.
(iii) The sum of ₦1,000,000.00 (One Million Na…