(2002) JELR 44414 (CA)    
Court of Appeal  ·  CA/L/368/98 ·  8 Jul 2002 ·  Nigeria
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
letter of credit
clean report of findings
learned trial judge
duty of care
mode of payment
clean report of finding
reasonable man
amended statement of defence
brief of argument
circumstances of this case
pre-shipment act
william shakespeare
1st p
2nd p
amended statement of claim
breach of duty
clean bill of findings
conclusion of the trial
confirmed letter of credit
correct appraisal of the evidence
correct exposition of the laws
date of 30th october
dimbrine silli v. mosoka
duty of statutory care
employee of the plaintiff company
exporters of the goods
federal high court
final amended pleadings
following terms
leading judgment
liner bill of lading no.
official central bank of nigeria rate
preponderance of evidence
pre-shipment inspection of imports act
reasonable care
said grounds of appeal
supply of the said goods
terms of the form m
tons of caustic soda pearls
violation of the clear provisions of the law

PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivering the Leading Judgment): The appellants who were the plaintiffs in the court below (Federal High Court sitting at Lagos) coram Ukeje J. (as she then was) claimed against the respondents as defendants in that court as follows:-

"The sum of N1.8 Million for specific and general damages for negligence and/or breach of duty implied or expressed and/or breach of contract occasioned by the delay in issuing a Clean Report of Findings on the 14th day of November, 1986 (after having certified and inspected the goods on 3rd October, 1986) on cargo of 500 tons of caustic soda pearls from Hamburg on board the vessel MV "William Shakespeare" on Liner Bill of Lading No. 42 dated 3rd October, 1986, thereby making it impossible for the plaintiff to pay its exporter at the official Central Bank of Nigeria rate prevailing on 26th September, 1986".

Both parties, with the leave of the court, amended their respective pleadings. The final amended pleadings on which…

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