The respondents in this appeal were the plaintiffs in the Lagos High Court in Suit No. LD/l59/63 and the appellants were the 1st defendants to the action. As expressed on their writ, the plaintiffs claimed against the 1st defendants and 4 others:
'jointly and severally the sum of £2,000 (Two thousand pounds) as special and general damages as follows:-
As against the first defendant for a breach of contract to carry and deliver 20 cartons of Consulate menthol cigarettes to the plaintiff in Lagos sometime in L 962 alternatively for damages for negligence or breach of duty by the defendant as carriers in and about the carriage of the aforesaid goods.
'As against the 2nd to the 5th defendants for negligence in handling alternatively stealing the aforesaid 20 cartons of cigarettes in Lagos sometime in 1962.
PARTlCULARS OF DAMAGES
Special (a) Cost of Cigarettes£351. 9s. 9d.(b) Customs duties€1250.0s.0d(c) Loss of profit€40.0s.0d €1641.9s.9d 358.10s.3dGeneral Total€2000.0s 0d