JOHN INYANG OKORO, J.C.A. (Delivering the lead Judgment): By a Writ of Summons and Statement of Claim dated the January, 2006; the Plaintiff/Appellant claimed the following against the Respondents;
"1. From the 1st and 3rd Respondents jointly and severally, the sum '8017,441.94
2. From the 2nd and 3rd Respondents jointly and severally, the sum of '80100,804.41
3. Interest on the aforementioned sums at the rate of 10% per annum from 5th May, 2005 till the date of Judgment, and thereafter, at the rate of 10% per annum until the Judgment debt is fully liquidated".
The basis of the Appellant's claim is that the Respondents, all Italian based companies, failed to exercise due diligence or care in storing, taking care, custody and the carriage, upon its vessels - the MV "Grande Argentina", MV "Grande America" and the MV "Grande Nigeria", of its cargoes of 4,000; 3,200; 3,200; 800 and 1,600 bags respectively of fermented Nigerian cocoa Beans, delivered to it intact and in good order and cond…