(1997) JELR 45430 (CA)    

Court of Appeal  ·  CA/K/199/95 ·  27 Nov 1997 ·  Nigeria
Other Citations
Sudan Airways Co. Ltd. v. Abdulahi [1998] 1 NWLR (Part 532)
Sudan Airways Co. Ltd. v. Abdullahi (1998) 1 NWLR (Pt. 532) 156
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
federal high court
lower court
constitution of the federation
carriage of goods
high court of a state
exclusive jurisdiction
learned trial court
provisions of sections
remaining issues
unlimited jurisdiction
above provisions
air ticket
amended notice of appeal
best course
briefs of argument
brother tanko muhammad j.c.a.
contract of carriage of goods
copious submission
cumulative effect
decrees no.
following issues
freight of goods
general conceptualization of the whole case
genesis of the whole case
grounds of appeal
high court no.8 of kano state
jurisdiction of the state high court
jurisdiction of the state high courts
leading judgment
learned trial judge
leave of this court
main argument
notice of appeal
ordinary principles of english law of contract
preview of the lead judgment
recent past
regional office
respective parties
rule of interpretation
state high court section
such matters
sum of n300,000.00

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): By a writ of summons taken from High Court No.8 of Kano State, holden at Kano, the respondent (as plaintiff) claimed from the appellant (as defendant) the sum of N300,000.00 (Three hundred thousand naira only) being cost of Kola nut consigned to the appellant for delivery at Khartoum. This consignment was never delivered at Khartoum to the respondent as agreed upon by the parties.

The genesis of the whole case as is clear from the printed record placed before this court is that the appellant is an Airline Company engaged in the freight of goods and passengers to several countries of the world including Nigeria, having its Regional Office at Post Office Road, Kano. The respondent is a Business man resident in Kano and who carries out Business both locally and internationally. On 2/3/94, the respondent purchased an Air Ticket for Kano to Khartoum, Khartoum to Jedda, Jedda to Khartoum and finally Khartoum to Kano. The Air Ticket cost hi…

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