ALRAINE SHIPPING NIGERIA LIMITED V. ENDURA AUTO CHEMICALS EQUITORIAL TRUST BANK LIMITED

UBAEZONU, JCA (Delivering the Lead Judgment): The facts of the case in this appeal do not seem to be in controversy. By a suit filed in the High Court of Anambra State at the Onitsha Judicial Division, the 1st respondent, as plaintiff, sued the 2nd respondent and the appellant claiming as follows:- A declaration that on a proper construction of the contract between the 1st defendant and the plaintiff, the 1st defendant is not entitled to the goods contained in containers Nos. GATU 0255299 and CATU 2877364 in respect of multiple bills of lading Nos. 35324097, 352247546, 353251212, 353251241, 353251206, 3532251235, 353192264, and 393196283.

A declaration that the acts of and attempts at clearing the aforesaid Containers Nos. GATU 0255299 and CAXU 2877364 and the threats to warehouse the goods contained therein and sell same at the expense of the plaintiff by the 1st defendant are unlawful and/or contrary to the agreement or contract between the plaintiff and the 1st defendant. An o…