Ratio DecidendiRatio Decidendi


(1997) JELR 45401 (SC)    

Supreme Court  ·  SC.51/1991 ·  4 Apr 1997 ·  Nigeria
Other Citations
Iwuoha v. N.R.C (1997) 4 NWLR (Pt.500)
Iwuoha v. N.R.C. (1997) 4 NWLR (Pt. 500) 419
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
exhibit a
statutory provisions
integral part of the contract
learned trial judge
nigerian railway corporation act
additional charge
aba railway station
evidence of contract
excepted articles
leading judgment
osman el tayeb
bukuru railway station
exhibit g
judgment of the court of appeal
previous occasions
value of the packages
above issues
behalf of the defendant
consignor of the necessity
contains luggage liability limitation
decision of the high court
defendant corporation
extent of the provisions of s.74
face of exh
face of the said exhibit a
facts of the case
i. l. kutigi
imo state
judgment of the learned trial judge
large packages of wearing
limitation conditions
n9.00 freight charges
nigerian railway corporation act of n20
parcel goods
plaintiff claims
plateau state
provisions of the nigeria railway corporation act
purpose of carriage
requirements of law
said conditions of the contract
shipping company
small print
such error
sufficient notice of the exclusion conditions
tariff no.

I. L. KUTIGI, JSC (Delivering the Leading Judgment): The plaintiff claims against the defendant as follows -

"(1) N40,500.00 being value of two large packages of wearing apparels.

(2) N1,500.00 as out of pocket expenses incurred searching for the packages from one place to another.

(3) Damages."

(See paras. 15 and 16 of the Statement of Claim).

After the filing and exchange of pleadings, the case proceeded to trial during which the plaintiff testified for himself and called three other witnesses. Two witnesses testified on behalf of the defendant.

The facts of the case were that the plaintiff on 9/3/84 at Aba Railway Station in Imo State, delivered three packages containing wearing apparels to the defendant's servant (D.W.1) for transportation to Bukuru in Plateau State. D.W. 1 said he weighed the three packages and charged the piaintiffN9 .00 (nine Naira) only. The plaintiff paid and the D.W.1 issued him a receipt - a "Way Bill" (Exhibit A in the proceedings). D.W.1 collected the…

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