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COMET SHIPPING AGENCIES NIGERIA LIMITED v. BABBIT (NIGERIA) LIMITED

(2001) JELR 44228 (CA)

Court of Appeal  •  CA/L/44/99  •  29 Jan 2001  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): The appeal and cross-appeal in this matter arose from the decision of Ukeje J at the Lagos division of the Federal High Court, given on 20/6/97.

The respondent as plaintiff/claimed against the appellant at the lower court as follows:

(a) The sum of $40,605 (Forty Thousand, Six Hundred and Five United State Dollars) or Naira equivalent being the value of the seventeen cartons of steering dampers, shock absorbers, piston ring sets, piston and cylinder assy; lost by the defendants.

(b) N100,000.00 (One Hundred Thousand Naira) being general damages for the loss of the plaintiff's goods which loss was occasioned by the negligence of the defendants.

(e) Interest on the composite sum at the rate of 21% per annum from the 14th of October, 1993, until judgment and thereafter at the rate of 6% per annum until the sum is paid.

(d) Costs.

The respondent's case at the trial court was that the appellant was contractually obligated to it a…

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