HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering The Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Lagos delivered in Suit FHC/L/CS/711/2015 on the 22nd of November, 2017 by Honorable Justice J. K. Dagat. The Respondent was the claimant in the lower Court and its claims were for:
i. A declaration that the Appellant’s unilateral decision to ship the Respondent’s consignment without instruction and contract document was wrong and unlawful.
ii. An order mandating the Appellant to pay the sum of €4,140 (Euros) which is the cost of the consignment wrongly shipped to Hamburg Germany by the Appellant and interest on the said sum from 1st of June, 2014 at 22% per annum until the whole sum is liquidated.
iii. Cost of the action in the sum of N450,000.00.
The case of the Respondent on the pleadings was that sometime in 2014, it engaged the Appellant for the shipping of containers of charcoal to its clients in Europe and that it was the practice that t…