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(2015) JELR 50965 (CA)    

Court of Appeal  ·  CA/L/494/04 ·  25 Feb 2015 ·  Nigeria
CORAM
UZO I. NDUKWE-ANYANWU JCA (Presided and Read the Lead Judgment) SAMUEL CHUKWUDUMEBI OSEJI JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA
Core Terms Beta
appellants
respondent
court
evidence
learned trial judge
3rd appellant
bill of lading
exhibit k
3rd defendant
trial court
issues
statement of claim
appellate court
evaluation of evidence
learned counsel
sc page
evidence of dw1
exhibit j
further proof
general damages
head office
lead judgment
principal place of business
probative value
sum of us
supreme court
application of the provisions of section
authentic certificate
bags of nigerian bitter kola
bailment case
capacity of an agent
contents of a document
court of appeal
exhibits ad
facts of this case
following principles
full trial
issue of agency
maker of these documents
opposing party
paragraphs c-d.
particular time
place of delivery
provisions of section
pw1’s evidence
said sums
scnlr page
second issue
such findings

NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): The facts of this case is that the respondent contracted the appellants to carry 411 bags of Nigerian bitter kola. The respondent claimed that the health department in Lagos certified the bitter kola “fit for human consumption”. The 411 bags were thereafter packed in a 40ft container for shipment to Banjul. The respondent alleged that the appellants took more than 10-15 days to get to Banjul. Infact, the ship arrived in Banjul on the twenty-seventh day: a period long enough for the bitter kola to havedeteriorated, discoloured and burnt as per the health inspector in Banjul who declared it “unfit for human consumption”.

The respondent wrote to the appellants via his solicitors demanding that the appellants pay him for the damage occasioned by the perceived delay by the appellants. This was refused by the appellants who claimedthat they had delivered the cargo to Banjul. The appellants denied that they were negligent because of the l…

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