DENCA SERVICES LIMITED V. CROSS MARINE SERVICES LIMITED

SANUSI, JCA (Delivering the Lead Judgment): There are two appeals filed in the court by the appellant who was defendant at the Federal High Court Lagos. One of the appeals is against an interlocutory ruling delivered on 14/3/97 by the court below while the other is against the final judgment delivered by the learned trial Judge Bioshogun J. Both the ruling and judgment appealed against are in suit No. FHC/L/C.S/607/95.

The facts giving rise to the two appeals are simple and straightforward. The appellant is a customs licenced clearing agent. On 19th November 1992 , it cleared and took delivery of consignment in a Bill of Lading No. B/LE 49 from Tin-Can Island Port in Lagos shipped in a container (40ft) No. EAU 44505490, the property belonging to the respondent (which was the plaintiff at the lower court) and the said property was freighted by M. V. Kakawa, a vessel belonging to the respondent. Since the 19th November 1992 when it took delivery of theconsignment, the appellant failed …