MUKHTAR, J.S.C. (Delivering the Leading Judgment): In a suit before the Federal High Court holden in Lagos (from which this appeal emanated), the parties were initially, "Emaspo J. Continental Limited" as plaintiff, and "CMB S.A. (The owners of M.V. Concordia)", and "Umarco (Nigeria) Plc.," as defendants. The defendants sometime in September 1991 acknowledged the shipment on board the vessel, motor spare parts owned by the plaintiff in a container for carriage from Le Harve, France to Apapa Port Lagos, by the two bills of lading Nos. ELOS 0003 and 0004. There was shortage in the goods when they were delivered, but the 2nd defendant informed the plaintiff that the container was landed without the original seal. The plaintiff's claim was predicated on the averment in paragraph 8 of the statement of claim which reads:
"8. In breach of the contracts contained in or evidenced by the said bills of lading and/or of their duty there under and or under convention or Rules applicable, the defen…