OBADINA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of Obasse J. of the High Court of Cross River State, holden in Calabar, dated 17th September, 1991. At the High Court of Cross River State, Calabar, the appellant as plaintiff, claimed against the respondents, as defendants, as follows:-
"(a) By a contract of affreightment evidenced by 3 Bills of Lading Nos 1,2, and 3 respectively, the 2nd defendant contracted to carry and deliver in good condition from Constanza Sea Port, Romania to the Plaintiff in Port Harcourt or so near thereto as she may safely get the goods specified therein on board the (2nd defendants) vessel MV Vali P. 244,000 bags of Romanian Grey Portland Cement of total gross weight of 12,200 metric tons valued at US ?91 5,000.00. On the 15th day of June, 1993, the 3rd defendant MV Vali P aforesaid notified the plaintiff that the vessel would arrive 5th or 6th July, 1993.
(b) The vessel MV Vali P however, arrived Port Harcourt on 15…