HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Honourable Justice M. L. Shuaibu sitting at the Federal High Court, Lagos judicial, division delivered on the 24th day of April, 2008.
The facts that led to this appeal are as follows:
The plaintiff now the 1st Respondent was posted to the Nigerian High Commission in Australia where he served for 5 years before he was posted to Abuja in 2003. As a result of his posting, he had to convey all his personal property acquired abroad to Nigeria. He employed the services of Forwarding Agents, Megatop Cargo Pty Limited and Australian Freight Forwarders International Pty Limited to help convey the property by sea to Nigeria. The Plaintiff claimed that the Appellant and the agents agreed to convey the goods to Nigeria for a sum of 3,700 Australian dollars via the vessel MSC 'Lara' and he was subsequently issued a Bill of Lading. It was agreed that the goods would be delivered withi…