(2000) JELR 43964 (CA)    

Court of Appeal  ·  CA/PH/129/96 ·  9 Nov 2000 ·  Nigeria
Other Citations
Mbakwe v. R.M.S. Africa (2001) 4 NWLR (Pt. 704)575
SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
locus standi
learned trial judge
port harcourt
bill of lading
federal high court
f.i. onwadike
sound condition
court of appeal
lower court
said goods
statement of claim
survey of the consignment
bags of fish heads
merchant shipping act
o.c. sampson agencies ltd.
present case
record of appeal
bags of cod heads
case of seatrade v
copy of the relevant bill
court of appeal stand
customs duty
exhibit fa1
federal lighter terminal
final analysis
fish heads of the value of usd
further orders
hearing of the above suit
honourable court
important consideration
import duty report
leading judgment
legal consequences
plaintiff notice
plaintiff profoma invoice
presence of the parties
proper case
pursuant order
relevant bill of lading
respective briefs of arguments
result of the condition of the said bags
right of suit
suit no. fhc
sum of n2,000,000.00
trial judge refuse
trial of the above action
vide page
wrong decision

NSOFOR, J.C.A. (Delivering the Leading Judgment): By a writ of summons in suit No. FHC/75/92, the plaintiff had claimed the sum of N2,000,000.00 as special and general damages for breach of contract in that the defendants contracted to carry from Iceland to Port Harcourt 1,980 (one thousand, nine hundred and eighty) bags of cod heads with collarbone/backbone in 5 containers on board their ship the "BACO LINER 1" and, to deliver the same in good/sound condition to the plaintiff at Port Harcourt but the defendants have failed, refused and/or neglected to deliver the said goods to the plaintiff.

Alternatively the plaintiff claimed from the defendants jointly and severally N2,500,000.00 (Two million, five hundred thousand Naira) as general damages for negligence.

Following an order for written pleadings, the plaintiff filed a statement of claim dated the 19th March, 1993. Paragraphs 4, 5, 7, 8, 9 10 and 12 thereof forming the principal allegations of facts reads as follows.

"4. The plain…

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