MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Lagos State High Court in Suit No ID/1792/2002 wherein Judgment was delivered in favour of the Claimants/Respondents on the 12th day of July, 2007. By the said Judgment, the Respondent was awarded the sum of N11.85 million as the value of lost cargo and 10% interest on the said sum from the date of Judgment until final liquidation.
The claims at the trial court were as contained on pages 1 - 4 of the additional Record of Appeal filed by the Respondent.
By a Writ of Summons dated 6th November, 2002, and a further Amended statement of claim dated 29th September, 2005, the Respondent as claimant claimed as follows:-
The sum of N11.85 million being the value of four (a) cargoes belonging to the plaintiffs ie claimants but lost through the negligent handling of the defendant and its agents through the breach of contract; ALTERNATIVELY.
Delivery to the claimant of the four pie…