(1999) JELR 49539 (CA)    
Court of Appeal  ·  CA/L/350/94 ·  2 Dec 1999 ·  Nigeria
Other Citations
Hilary Forms Ltd. v. ".M.V. "Mahtra" (2000) 2 NWLR (Pt.645) pg. 521 HILARY FORMS LTD. & ORS. V. M.V. ?MAHTRA? (SISTER VESSEL TO M.V. ?KADRINA? & ORS.
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
aforesaid containers
original seals
custody of nigerian ports plc
findings of fact
statement of claim
exceptional circumstances
final conclusion
further reference
record of proceedings
3rd defendant
aforesaid original seals
aforesaid vessel
appeal fails
ascription of probative values
attention of the court of the defendant counsel
available evidence
carriage of goods
case of the plaintiff
container intercharge receipts nos
containers nos
custody of the npa
evidence of p.w.
evidence of p.w.s
evidence of witnesses
federal high court
general manager of the nigeria ports plc
joint examination of the aforesaid containers
leading judgment
loss of the contents of containers nos
meloma international associates survey report
n.p.a. tally sheet no.
officers of the n.p.a. representatives of the 3rd defendant
plaintiff counsel
police officers
presence of representatives of the board
reason of the defendants
relevant documents
relevant paragraphs of the pleadings of parties
request of the plaintiffs
said numbers
solitary issue
specific reference
strong evidence
support of his case
supreme court

OGUNTADE, J.C.A.(Delivering the Leading Judgment): The Appellants were the Plaintiffs before the Federal High Court, Lagos where they claimed against the Respondents, as Defendants, the sum of US$103,050,87, being damages "for loss or non-delivery of the voyage from Tallin to Lagos in or about May, 1993, sustained by reason of the Defendants' breach of contract and/or duty and/or negligence in and about the carriage thereof." .

As made Manifest in the claim, the Plaintiffs had a contract for carriage of goods with the Defendants. The goods consisted, of 658 boxes of Electric Water Heaters. According to Plaintiffs, the Defendants failed to deliver the goods. Parties failed and exchanged pleadings after which the Suit was tried by Auta J. who on 27/7/94, in his judgment dismissed plaintiffs' claims.

Aggrieved by the dismissal of their suit, the Plaintiffs have brought this appeal on four grounds of appeal. In their Appellants' brief, one solitary issue was identified as arising for det…

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