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MAERSK LINE & ANOR V. ADDIDE INVESTMENTS LIMITED & ANOR

(2002) JELR 48961 (SC)

Supreme Court  •  SC.248/2000  •  26 Apr 2002  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This appeal arose out of two interlocutory decisions of the Federal High Court. Addide Investments Ltd, as plaintiff, and is hereinafter referred to as plaintiff, had claimed from MAERSK LINE and MAERSK NIGERIA LIMITED as defendants:

"1. The sum of 80,000 US dollars being the value of the 400 bags of Gum Arabic grade one, destroyed due to the defendants negligence in allowing water to soak the goods which had been loaded dry and sound, into the container numbered APMU 2730074, "while being shipped on board the vessel MV "CHRISTIAN MAERSK 9506", under a contract of carriage of goods by sea, evidenced by bill of lading No. LOSE 11576, issued and dated in Apapa, Lagos, on the 23rd of February, 1995.

2. The sum of 50,000 US dollars being the amount of damages claimed against the defendants for the latter's breach of contract, by their failure to keep the terms of same, that is to say, that the goods be delivered in the same sound a…

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