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COMET SHIPP. AGENCIES LTD
V.
BABBIT LIMITED

(2001) JELR 52338 (CA)

Court of Appeal 29 Jan 2001 Nigeria
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Case Details

Suit Number:CA/L/44/99 .
Judges:GEORGE ADESOLA OGUNTADE, JCA (Presided) SULEIMAN GALADIMA, JCA (Read the Lead Judgment) PIUS OLAYIWOLA ADEREMI, JCA
Counsel:Ademola Akinrele, SAN (with P. Omage, Esq.) - for the Appellant. -*- I. A. Wilson, Esq. - for the Respondent.

GALADIMA, JCA (Delivering the Lead Judgment): The appeal and cross-appeal in this matter arose from the decision of Ukeje J., at the Lagos Division of the Federal High Court, given on 20/6/97.

The respondent, as plaintiff, claimed against the appellant at the lower court as follows:-

The sum of $40,605 (Forty thousand six hundred and five United State Dollars) or Naira equivalent being the value of the seventeen cartons of steering dampers, shock absorbers , piston ring sets, piston and cylinder assy; lost by the defendants.

N100,000.00 (One hundred thousand Naira) being general damages for the loss of the plaintiff’s goods, which loss was occasioned by the negligence of the defendants.

Interest on the composite sum at the rate of 21% per annum from the 14th of October, 1993, until judgment and thereafter at the rate of 6% per annum until the sum is paid.

Costs.

The respondent’s case at the trial court was that the appellant was contractually obligated to it as bailee for reward to redeli…

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