(2002) JELR 44545 (SC)    

Supreme Court  ·  SC.51/1998 ·  3 May 2002 ·  Nigeria
Other Citations
Asafa Foods Factory v. Alraine (Nig.) Ltd. (2002) NWLR 12 (Pt.781)353 (2002) 5 S.C (Pt.I) 1 (2002) 52 WRN 1 SC
UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
1st defendant
2nd defendant
good order
cartons of nido instant milk powder
cartons of nido instant milk
amended statement of claim
present case
times material
trial of this action
bill of lading
court of appeal
common carrier
lagos state
consignee of the said goods
favour of the plaintiff
leading judgment
loss of the goods
reason of the said endorsement
said bill of lading
a. i. iguh
appellant ship owner
case submission
cogent evidence of the stage
decision of the court
distinct contracts of carriage of goods
exchange rate of n0.6568
following decision
individual statement of defence
laws of the federation of nigeria
learned justice
liability of the 2nd respondent
lower court
misjoinder of parties
ocean carriers
order of savannah bank of nigeria ltd.
present purposes
quantity of goods
relevant point
respect of issue
separate contracts
separate duties of care
s. o. uwaifo
such issue
terms of such contract

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): The plaintiff, now appellant, ordered a consignment of 6,691 cartons of Nido Instant Milk Powder from Concom Commercial S.A. (the consignor) of Lucerne Switzerland at a cost of $37.36 per carton, making a total of $249,975.76. The consignment was shipped on board the 2nd defendant's vessel MS "Fionia" in Hamburg on 17th December, 1986 to the order of Savannah Bank of Nigeria Ltd., Kano branch, the consignee being the appellant. The bill of lading no.408 (exhibit D) listed the details of the consignment in cartons as follows:

Container No. Seal No. Quantity

EACD 482853-0 006027 744

EACU 482793-5 006024 744

EACU 481363-3 006025 744

EACD 482705-1 006026 744

EACU 482683-6 006028 743

EACU 482834-0 006029 743

EACU 482816-6 006030 743

EACU 482896-1 006031 743

EACU 482732-3 006032 743


The consignment landed at the Apapa/Lagos port, the port of discharge. It was then transported by road to Kano between 18th-20th March, 1987 for deli…

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