"K" LINE INC V. K.R. INTERNATIONAL (NIGERIA) LIMITED & ANOR

NIKI TOBI, J.C.A. (Delivering the Leading Judgment): Sometime in 1980, the plaintiff/respondent placed order for 10,000 clutch cables from overseas. It is a registered company carrying on business in Nigeria. I will call it K.R. or the respondent in this judgment. On 17th January, 1981, K.R. received a valued invoice from their confirming agent in London. It is Exhibit A. It was stated in Exhibit A that K.R. should expect 10,000 clutch cables packed in 67 cartons to be shipped on board the vessel of the appellant, "K "Line Inc. I will call it the appellant or UK" Line. It is a shipping company resident abroad and carries on business in Nigeria. It is the owner of M/V Chai Varee. According to Exhibit A, the goods were to be shipped in M/V Chai Varee, the vessel of the appellant.

Later, K.R. received the Bill of Lading (Exhibit D) through the Allied Bank of Nigeria Ltd. The Bill of Lading described K.R. as a "notify", although at the time K.R. collected it from the Bank it was endorsed …