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M. E. OGUNDARE, JSC (Delivering the Leading Judgment): The plaintiff, a dealer in technical goods, sometime in 1977 placed order through its London office, for some consignments of electric and gas cookers. The goods were shipped through the Facship Lines in Spain and for delivery at the Lagos Port. For some unexplained reasons however the goods which came through vessels of the Facship Lines (that is. Cabe. Farruch and Viclan Nimbus) arrived at the Burutu Port and were cleared by the defendant who acted throughout as the agent of Facship Lines. The plaintiff was unaware of the arrival of the goods at the Burutu Port until sometime in 1978. Efforts were made by its officials to take delivery of the goads. After payment to the defendant of all sums of money demanded by the latter for demurrage, etc, the plaintiff took delivery of the cookers in March. 1978. There was, according to the plaintiff, a short-delivery of 138 crates of gas cookers valued at ₦92,745.39.
Following protracted bu…