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INTERNATIONAL MESSENGERS (NIG.) LTD. V. PEGOFOR INDUSTRIES LIMITED

(2005) JELR 47885 (SC)

Supreme Court  •  SC.103/2000  •  13 May 2005  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC DENNIS ONYEJIFE EDOZIE JSC SUNDAY AKINOLA AKINTAN JSC

Judgement

EDOZIE, J.S.C. (Delivering the Leading Judgment): The respondent and appellant were respectively plaintiff and defendant before the Onitsha High Court in suit No. 0/31/92. The plaintiff, a company engaged in the manufacture of industrial gas had a chemical plant in Onitsha which was installed by an Italian company (Siad Machine Impianti Company of Bergano, Italy). A vital component, the machinery consisting of piston and rod assembly was faulty and needed to be transmitted urgently by air to the said Italian company in Italy for necessary repairs.

On 8th November, 1991, the plaintiff, through its Managing Director handed over a package of the faulty component to the defendant, an air courier company, at its office in Onitsha for transmission to the Italian company for repairs and return by 15th November, 1991 so that the machinery could resume production the next day. In consideration of the transportation, the plaintiff paid the sum of N2, 110.00 to the defendant and was issued with …

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