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INTERNATIONAL MESSENGERS (NIGERIA) LTD.
V.
PEGOFOR INDUSTRIES LTD

(2005) JELR 47885 (SC)

Supreme Court 13 May 2005 Nigeria
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- The plaintiff, a manufacturing company, entrusted a faulty component to the defendant, an air courier company, for transmission to Italy for repairs. - The defendant admitted responsibility for the loss of the package but argued that its

Case Details

Suit Number:SC.103/2000
Judges:SALIHU MODIBBO ALFA BELGORE JSC SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC DENNIS ONYEJIFE EDOZIE JSC SUNDAY AKINOLA AKINTAN JSC
Counsel:F.R.A. Williams, Jnr. (with him, Mohammed Salau, Esq.) For the Appellant; C. J. Asiegbu, Esq. For the Respondent.
Other Citations:I.M.N.L. v. Pegofor Ind. Ltd. [2005] 15 NWLR (pt.947) 1

EDOZIE, J.S.C. (Delivering the Leading Judgment): The respondent and appellant were respectively plaintiff and defendant before the Onitsha High Court in suit No. 0/31/92. The plaintiff, a company engaged in the manufacture of industrial gas had a chemical plant in Onitsha which was installed by an Italian company (Siad Machine Impianti Company of Bergano, Italy). A vital component, the machinery consisting of piston and rod assembly was faulty and needed to be transmitted urgently by air to the said Italian company in Italy for necessary repairs.

On 8th November, 1991, the plaintiff, through its Managing Director handed over a package of the faulty component to the defendant, an air courier company, at its office in Onitsha for transmission to the Italian company for repairs and return by 15th November, 1991 so that the machinery could resume production the next day. In consideration of the transportation, the plaintiff paid the sum of N2, 110.00 to the defendant and was issued with …

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