THE SWISS AIR TRANSPORT COMPANY LTD
V.
AFRICAN CONTINENTAL BANK

(1971) JELR 44096 (SC)    

Supreme Court  ·  SC.177/1968 ·  29 Jan 1971 ·  Nigeria
 · 
Other Citations
(1971) All N.L.R39
CORAM
IAN LEWIS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
court
defendants
action
place of destination
mr. impey
learned trial judge
adefarasin j.
mr. sofola
warsaw convention
principal place of business
statement of defence
suit ld
contract of carriage
high contracting party
imperial airways ltd.
jurisdiction of the court
law of the court
preliminary objection
questions of procedure
arbitration clause
care of the said bank notes
carriage of the said package
conditions of transport
defendant company land
determination of the appeal
deutsche lufthansa aktien-gesellschaft
evidence of the only witness
ground of appeal
high contracting parties
individual states
international carriage
kano nigeria
learned judge
loss of sudanese bank notes
matter of jurisdiction
particular case
plaintiff company
plaintiffs claim
provisions of article
provisions of other articles of the convention
provisions of the warsaw convention
said air consignment note invalid
said defendants
seq vol. xi of laws of the fed
terms of article
unification of certain rules
vol. xi laws of the federation of nigeria

LEWIS, J.S.C. (Delivering the Leading Judgment ): In suit LD/43/65 the plaintiffs' writ read:

"The plaintiffs claim against the defendants is for the sum of 312,772.10s (Twelve thousand, seven hundred and seventy-two pounds, ten shillings) being damages suffered by the plaintiffs for the loss of Sudanese bank notes valued at 13,100 Sudanese pounds which were delivered by the plaintiffs to the defendants as carriers for hire and received by the defendants as such carriers on or about 25th January, 1963 to be by the defendants taken care of and safely carried from Geneva to Kano Nigeria and there delivered to the plaintiffs within a reasonable time in that behalf for reward to the said defendants.

The defendants did not take care of the said bank notes and did not safely carry and deliver same to the plaintiffs as aforesaid whereby the said bank notes were lost to the plaintiffs. The defendants have failed and/or neglected to pay in spite of repeated demands."

Pleadings were ordered and…

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