HILARY FORMS LIMITED & ORS
M.V. MAHTRA (SISTER VESSEL TO M.V. KADRINA & ORS
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…