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…