ORJI-ABADUA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Kaduna State High Court presided over by S., Abiriye, J, delivered on 31 March 2006 in suit No. KDH/KAD/550/ 2004 wherein the appellants, as plaintiffs therein, claimed against therespondents, jointly and severally as follows:
“(a) A declaration that the defendants had neglected the duty of care they owe the plaintiffs by their failure to supervise the plaintiffs’ transformers from disembarkation to delivery.
A declaration that the defendants’ failure to supervise the clearance and storage of the transformers has caused loss and damage to the plaintiffs. An order that the defendants should pay the sum of USD$60,000 (orthe equivalent in Naira at the current exchange rate) for the repairs of (8) 7.5 MVA transformers carried out by the 1st plaintiff before delivery to the National Electric Power Authority.
An order that the defendants should pay the sum of USD$132,402.00 (or the equivalent in naira …