KALGO, J.S.C (Delivering the Leading Judgment): This case started in the Federal High Court, Lagos, where the respondent who was the plaintiff claimed against the appellants as defendants the sum of US $25,332.96 being special and general damages for breach of contract and or/duty in the carriage, custody and/or discharge of part of the cargo of paper consigned to the respondent on board the Ship MY "KAPETAN LEONIDAS", the second appellant herein.
The respondent filed its statement of claim in the said Federal High Court, paragraph 3 of which reads thus:-
"3. By Bills of lading Nos. 251 and 226 issued by the 1st defendant and dated at Santos, Brazil, the 26th day of September, 1990, and the 12th day of November, 1990, respectively, the defendants acknowledged shipment on board their vessel the MY "Kapetan Leonidas" of a total of 119 pallets of paper in apparent good order and condition for carriage to and delivery at Lagos, to the order of the plaintiff. The plaintiff shall at the tr…