INLAND CONTAINERS NIGERIA LTD. & ANOR.
ROGER COLMAN TRADING COMPANY NIGERIA LTD.
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…