DANISH CAR CARRIERS & ANOR.
V.
SURA & COMPANY (NIGERIA) LTD. & ANOR.

(2011) JELR 46091 (CA)    

Court of Appeal  ·  CA/L/922/08 ·  4 Feb 2011 ·  Nigeria
 · 
Other Citations
Danish Car Carriers v. F.S.Co. (Nig.) Ltd. (2012) 2 NWLR (Pt. 1284) 237
CORAM
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
evidence
case
trial
witness
law
learned trial judge
appeal
case de novo
defendants
order
trial judge
parties
hon. justice olomojobi
lower court
federal high court
federal high court act
proceedings
1st defendant
appellants
civil procedure
date of judgment
learned counsel
learned judge
single judge
trial proceedings
fundamental issues of law
such evidence
adoption of the written addresses
cases
conduct trial
delivery up of the mercedes benz 230e
failure of the learned trial judge
favour of the respondents
hearing counsel
hearing of the appeal
hon. justice c.e. archibong
judgment of the federal high court
leading judgment
notice of appeal
peculiar facts of this case
person of the 2nd plaintiff
prevailing exchange rate
respondents claim
retired judge
said order
second trial
sum of dm18,258.00 deutchemark
supreme court
terms of the contract of carriage

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal challenges the judgment of the Federal High Court, Lagos (the lower court) delivered by Hon. Justice C.E. Archibong on the 28th July, 2008, which was entered in favour of the respondents (plaintiffs) based on the evidence adduced before Hon. Justice Olomojobi.

The respondents claim against the appellants, at the lower court was for the sum of DM18,258.00 Deutchemark or its Naira equivalent at the prevailing exchange rate at the date of judgment, and N2,231,126:00 with 21% interest from November 2001 till judgment and settlement thereof. (See page 69 of the record).

After filing and exchange of pleadings, the matter proceeded to trial before Hon, Justice Olomojobi. The respondents called one witness in person of the 2nd plaintiff/respondent and tendered twenty two exhibits to prove their claim. The appellants/defendants similarly called one witness in their defence without tendering any exhibit. Both parties conclud…

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