1. This is a maritime dispute which has travelled from the High Court through the Court of Appeal and now before the Supreme Court. In this court, the maritime aspect has, to a considerable extent, been reduced into a procedural matter of capacity to sue and the quantum of damages awarded for damage to perishable cargo.
2. The Plaintiff/Respondent/Respondent (hereafter referred to as the Respondent) instituted this matter against the Defendant/Appellant/Appellant (hereafter referred to as the appellant) on 28th June 2010, seeking the following reliefs endorsed on the Writ of Summons and Statement of Claim:
a. Specific damages in the sum of Forty – Six Thousand Three Hundred and Fifty dollars ($46,350.00) to be paid by Defendant to Plaintiff being the cost of 1,030 boxes of fresh yams, the freight, clearing and handling charges in the USA.
b. Interest on the said sum of Forty-Six Thousand Three Hundred and Fifty dollars ($46,350.00) at the commercia…