ESO, J.S.C. (Delivering the Leading Judgment): The facts of this case are not in dispute. Before stating the application which was brought by the Defendants before the Federal High Court Lagos, Coram S. A. Sowemimo J., which is now the subject matter of this appeal, I will state those facts, only as they are relevant to this appeal.
The Plaintiffs, Sonnar Nigeria Ltd. and Pubico Impex Traders, claimed general and special damages amounting to N417,524.00 against the Defendants for breach of contract, which they claimed had arisen out of non-delivery of 25,322 bags of parboiled long grain rice, which were shipped from Bangkok, Thailand to Lagos, on board a vessel, M. v. Nordwind, which belonged to the Defendants.
Now, the first Defendants, Partenreedri M.S. Nordwind, are ship-owners and they are based in Germany. The second Defendants, Banbridge Shipping Company, are based in Liberia. The latter were the Issuing Agents of the Bills of Lading which were relevant to this case. The third D…