M. O. ONALAJA J.C.A (Delivering the Leading judgment): The Plaintiff now Appellant claimed by his particulars of claim in the Federal High Court Lagos against the Defendant referred to in this judgment on appeal as the 1st Respondent as follows:-
THE PLAINTIFF'S CLAIM
"against the Defendant is for the sum of N75,900.00 (Seventy-five thousand Nine hundred Naira) being cost of one TOYOTA LITEACE BUS consigned to the Defendant for carriage to LAGOS as per BILL OF LADING NO.166 EX REPUBLICA DI GENOVA dated 21/11/89 and which Vessel landed at LAGOS on 6/12/89 without the said CARGO.
AND despite repeated demands the Defendant as the agent to the SHIP OWNERS has neglected or refused to deliver the said cargo or pay for same in lieu thereof.
The Plaintiff also claims interest on the said sum of N75,900.00 at 26% from 6/12/89 until payment or judgment."
After service on Defendant/1st Respondent the appellant filed his statement of claim part of the pungent paragraphs are set down as follows-