UWAIFO, J.S.C. (Delivering the Leading Judgment): The appellant is the 1st defendant against whom, along with the 2nd defendant, a claim of N2,160,820.00 is made in this suit which was instituted in the Federal High Court, Port Harcourt. The statement of claim shows that in 1991, the plaintiff (now 1st respondent) purchased some quantities of Icelandic fish heads from its customers in Iceland.
Upon two bills of lading made in Iceland [No. C.116 of 24 April, 1991 and No. C 416 of 29 May, 1991], the 1st defendant undertook the shipment of the said fish heads, clear on board on behalf of the plaintiff to the port of delivery in Port Harcourt. The fish heads were covered by the Insurance Policy of the 2nd defendant against all risks, losses or damages. The fish heads were examined before shipment and a Certificate of Clearance in accordance with import requirements of the Federal Government of Nigeria was issued.
When eventually the two ships carrying the fish heads landed at the port i…