(1997) JELR 45426 (CA)    

Court of Appeal  ·  CA/K/185/95 ·  30 Jan 1997 ·  Nigeria
Other Citations
Inland Containers Ltd. v. R.C.T. Co. Ltd. (1997) 8 NWLR (Pt.517)
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria
Core Terms Beta
u.s. dollars
south korea
contents of the container
trial court
favour of the respondent
learned counsel
lower court
value of the lost goods
evidence act
naira equivalent
special damages
brother ogebe
maker of exhibits
true contents of the container
addresses of the counsel
admissible evidence
behalf of the 1st appellant
civil proceedings
cost of transportation of the said container
depot of the 1st appellant
devastating aspect of the respondent
direct oral evidence of a fact
facts of the case
favour of the plaintiff
following cases
following conditions
forms part of a record
full trial
invoiced cost of the imported goods
kano high court
leading judgment
mental condition
mr. d.w. kim
notice of appeal
particular case
personal knowledge
personal knowledge of the matters
president of the hong kim corporation ltd.
pw2 alh
respondent company
separate statements of defence
south korean
statement of claim

OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent company sued the appellants before the Kano High Court claiming the following reliefs in Para. 12 of the statement of claim:-

"a. The sum of $360.000 or the Naira equivalent of three thousand motorized brushes, plus interest at the prevailing bank interest rate of 21st (sic) until judgment is given in favour of the plaintiff.

b. The sum of $3,000 being cost of transportation of the said container from South-Korea to Nigeria.

c. Cost of this action,"

The appellants filed 2 separate statements of defence and the matter went into full trial. The respondent called 2 witnesses while the appellants called only one witness who gave evidence on behalf of the 1st appellant. The facts of the case are hardly disputed. The respondent imported a container to Nigeria from South Korea about January, 1993. No witness testified that he saw the contents of the container which was said to contain 3.000 motorized brushes. The invoiced cost o…

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