IGUH, J.S.C.: (Delivering the Leading Judgment): By a writ of summons filed on the 31st March, 1987 in the Federal High Court of Nigeria, Lagos, the plaintiff, who is now appellant instituted an action against the defendants, now respondents, claiming as subsequently amended as follows:-
"(i) The price (C and F) of 3,434 bags of sugar at U.S. $55.5 per bag............$190.587 .00
(ii) General Damages........N25,000.00
(iii) Interest at 10% per annum from the date of Writ until judgment and thereafter at 5% per annum until judgment debt is finally liquidated."
Pleadings were ordered in the suit and were duly settled, filed and exchanged.
The plaintiff's case, put shortly, is that on or about the 29th July, 1981, 100,000 bags of white crystal sugar were entrusted to the defendants for shipment from Rotterdam to Apapa, Lagos and for delivery at Apapa to the plaintiff for valuable consideration. The plaintiff company which claimed to be the importer of the goods stated that the defendan…