Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1978) JELR 45244 (SC)    

Supreme Court  ·  SC.205/1976 ·  3 Mar 1978 ·  Nigeria
Other Citations
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
1st defendants
bags of beans
port harcourt
learned trial judge
1st defendant
bill of lading
special damages
general damages
exhibit c
mr. coker
2nd defendants
carrier of the goods
case of the plaintiff
exhibit b
learned judge
only shipping name
west african shipping agency
1st defendant states
agents of the ship owner
award of damages
breach of contract
considered judgment
copies of the bill of lading
defendants freight charges
documentary evidence
duty of that ship owner
evidence of his witness
exhibit b.
favour of the plaintiff
federal supreme court
first defendant
full names of your principal
ibid p
important question
lagos high court
leading judgment
lord hanworth
main issues
master of the vessel
only contracting parties
p. o. b
said line
said ship-owner
said vessel
shipping agents
significance of the use of such words
statement of claim
sum of n8,640
words of lord reid

K. ESO, JSC (Delivering the Leading Judgment): On 17th March, 1975, in Suit No. LD/511/71, the Lagos High Court, presided over by Adebiyi J., gave judgment in favour of the plaintiff, Alhaji Musa Kalla, against the 1st defendants, the West African Shipping Agency (Nigeria) Ltd., for the sum of N8,640 out of which the sum of N7,840 represents special damages while the balance of N800 was awarded as general damages.

In that court, the plaintiff claimed against the 1st and the 2nd defendants for -

"the delivery of 560 bags of beans or the sum of 6,000 Pounds (N12,000) being the value of the 560 bags of beans delivered to the Defendants under an agreement by sea in May, 1970, and for general damages for breach of contract."

The case of the plaintiff is set out in his Statement of Claim and we shall reproduce some paragraphs hereunder -

"3. In May 1970, the Plaintiff paid the Defendants freight charges for the carriage of 560 bags of beans in a ship called "LIHAUG" from Lagos/Apapa Wharf t…

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