ONNOGHEN, J.S.C. (Delivering the Leading judgment): This is an appeal against the judgment of the Court of Appeal sitting at Ibadan in appeal No. CA/I/186/2000 delivered on 5/4/2001 allowing the appeal of the present respondent against the ruling of the trial court delivered on 3/3/2000 dismissing the demurrer application of the said respondent.
Sometime in 1996 the present appellant entered into a contract with the respondent for the carriage by sea of S.T.C. photo processing machine from Canada to Nigeria for valuable consideration. Later on appellant entered into yet another contract with the respondent, this time for the carriage by sea of a photo plotter MIVA 25 machine from Belgium to Nigeria.
In May, 1997 the respondent by fax notified the appellant that the goods have been placed on board the M.V. KAGORO, which was expected to berth in Nigeria on or before 25 May, 1997. Along with the fax message came a copy of the bill of lading No. 30504 MTL - LAG which did not include the p…