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BOOTHIA MARITIME INC. & ORS V. FAREAST MERCANTILE COMPANY LTD.

(2001) JELR 44237 (SC)

Supreme Court  •  SC.90/99  •  20 Apr 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; OKAY ACHIKE JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Appearances
Oluwafemi Atoyebi. Esq. For Appellant Respondent not represented. For Respondent

Judgement

ACHIKE, J.S.C. (Delivering the Leading Judgment): The plaintiff claims against the three defendants jointly and severally for the sum of N100,000.00, being special and general damages for the loss of and/or non-delivery by the defendants as common carriers and bailees for reward for short-delivery of 12 out of 66 pallets of uncoated Bond paper carried on board the defendants' vessel. The said goods were consigned to the order of the plaintiff, as the endorsee thereof on the bill of lading No. 224 Ex M/V "Kapetan Leonidas" arriving at the Tin Can Island Port. Apapa, Lagos on 9/10/90. The bill of lading covering the consignment was issued by the 2nd defendant, Global Transporte Oceanica SA Inc. in favour of Savannah Bank of Nigeria Ltd. who, in consideration for value received, endorsed it to the plaintiff. On arrival of the vessel "Kapetan Leonidas" at the 'Tin Can Island Port on 9/10/90, the plaintiff handed over all the necessary shipping documents, including the aforesaid bill of la…

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