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…