(1975) JELR 44448 (SC)    

Supreme Court  ·  SC.254/74 ·  14 Feb 1975 ·  Nigeria
Other Citations
(1975) 1 All N.L.R 24 (1975) 2 S.C. 27
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
port harcourt
learned trial judge
personal effects
said goods
statement of claim
large trunk box
large white basin
nigerian national shipping line
packages of personal effects
particular act of negligence
various articles
armels transport limited
burner falks kerosene
case of damage
clear understanding
conclusion of the trial
cost of carriage of the said packages
court defendants
decision of the learned trial judge
decision of the port harcourt high court
electric table fan
facts of this case
favour of the plaintiff
first place
following grounds
following judgment
g. b. a. coker
good sense
head postmaster iii
leading judgment
loss of the goods
main defence
mere fact
mr a. a. odunsi
nigerian ports authority
particulars of claim
safe keeping
sewing foot machine
specific items
supreme court
view of the peculiar nature of the defence

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Port Harcourt High Court delivered by Wai-Ogosu, J., on 3rd November, 1972 in which he awarded judgment in favour of the plaintiff. The particulars of claim are as follows:

"The Plaintiff's claim as against the Defendants is for the recovery of a total sum of 1,053.8.7d (One Thousand and Fifty Three Pounds, Eight Shillings and Seven Pence) being the value of 4 Packages of Personal Effects which the Defendants at Port Harcourt on or about the 23rd of December, 1969, agreed to carry at Zaria and deliver to the Plaintiff at Port Harcourt, but which were negligently lost by the "Defendants, and the sum of 21. 12 being the cost of carriage of the said Packages paid by the Plaintiff to the Defendants for a consideration which has totally failed."

Pleadings were ordered and filed. In paragraphs 3,4,5,7 and 8 the plaintiff averred as follows:

"3. On or about the 23rd of December, 1969 Plaintif…

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