THE M. V. CECILIE MAERSK OWNERS OF THE CECILIE MAERSK MAERSK NIGERIA LIMITED V. WINLINE NIGERIA LIMITED

NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): The facts of this case is that the respondent contracted the appellants to carry 411 bags of Nigerian bitter kola. The respondent claimed that the health department in Lagos certified the bitter kola “fit for human consumption”. The 411 bags were thereafter packed in a 40ft container for shipment to Banjul. The respondent alleged that the appellants took more than 10-15 days to get to Banjul. Infact, the ship arrived in Banjul on the twenty-seventh day: a period long enough for the bitter kola to havedeteriorated, discoloured and burnt as per the health inspector in Banjul who declared it “unfit for human consumption”.

The respondent wrote to the appellants via his solicitors demanding that the appellants pay him for the damage occasioned by the perceived delay by the appellants. This was refused by the appellants who claimedthat they had delivered the cargo to Banjul. The appellants denied that they were negligent because of the l…