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OWNERS, M.V GONGOLA HOPE & ANOR.
V.
SMURFIT CASES NIGERIA LTD. & ANOR.

(2007) JELR 48078 (SC)

Supreme Court 15 Jun 2007 Nigeria
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- The plaintiffs sued the defendants at the Federal High Court, Lagos, for the non-delivery of 41 reels of Kraftliner Board under a contract of carriage by sea, seeking delivery, damages for fraud/negligence, monetary sums including anticip

Case Details

Suit Number:SC.121/2002
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:O. G. Oyeleke For Appellant Chief E. O. A. Idowu, SAN, (with him, Mrs. Funke Agbor; T. A. Alakoso; Abdulazz Garba) For Respondent
Other Citations:Owners, M.V Gongola Hope v. S.C (Nig.) Ltd. (2007) 15 NWLR (Pt.1056)189 S.C. (2007) 6 S.C. (Pt II) 58 (2007) 6 S.C. (Pt II) 58

D. MUSDAPHER, JSC (Delivering the Leading Judgment): In the Federal High Court holden at Lagos and in suit No. FHC/121/90, by an amended statement of claim the plaintiffs' claim against the defendants were as follows:-

"1. Delivery of all 41 reels of Kraftliner Board 150 GSM 2050 mm directly to the plaintiffs' factory with all other consequential directions and/or either.

2. Damages for fraud or fraudulent misrepresentation and/or negligence. And/or

3. Payment of the sum of USD 71,446.94 plus interest at the rate of 8% from the 22nd of August, 1990 to the date of judgment and thereafter interest at the rate of 10% until date of payment.

4. The sum of ₦697,066.81 being the amount specified items 3, 4, 5, 6, 7 and 8 or the particulars listed in paragraph 14 supra.

5. Anticipated loss of profit on use of goods ₦2,000,000.00 (Two million Naira) if they had arrived and been processed.

6. Further and or other reliefs as the court may deem fit."

Pleadings were ordered, delivered and amen…

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