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CHINWE EUGENIA IYIZOBA, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of Archibong J. of the Federal High Court, Lagos in Suit No: FHC/L/CS/127/2008 delivered on the 29th day of November, 2010. The respondents sometime in August 2007 purchased some ink cartridges through their agent in Dubai. The agent approached the appellant and contracted the airline to airfreight the goods to Murtala Mohammed Airport, Lagos. The goods were packed in 18 bags with a total weight of 880kg. The goods were to arrive within a month from the date the freight was paid for. The goods never got to Lagos. The respondents as plaintiffs instituted an action against the appellant as defendant for breach of contract claiming in their amended statement of claim at page 160 of the record as follows:
1. The payment of the total sum of 362,775.00 United Arab Emirate Dirham being the sum of the value of the eighteen (18) missing bags of the plaintiff's Ink Cartridges valued at 351,100 Uā¦