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A. O. MBAKWE (Carrying on business in the name and style of A. O. Mbakwe & Sons Company) V. R. M. S. AFRICA (Rhein Naas UND SEE SCHIFHRTSKOWTOR BRAWAL SHIPPING (NIG.) LIMITED

(2000) JELR 43964 (CA)

Court of Appeal  •  CA/PH/129/96  •  9 Nov 2000  •  Nigeria

Coram
SYLVANUS ADIEWERE NSOFOR JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

NSOFOR, J.C.A. (Delivering the Leading Judgment): By a writ of summons in suit No. FHC/75/92, the plaintiff had claimed the sum of N2,000,000.00 as special and general damages for breach of contract in that the defendants contracted to carry from Iceland to Port Harcourt 1,980 (one thousand, nine hundred and eighty) bags of cod heads with collarbone/backbone in 5 containers on board their ship the "BACO LINER 1" and, to deliver the same in good/sound condition to the plaintiff at Port Harcourt but the defendants have failed, refused and/or neglected to deliver the said goods to the plaintiff.

Alternatively the plaintiff claimed from the defendants jointly and severally N2,500,000.00 (Two million, five hundred thousand Naira) as general damages for negligence.

Following an order for written pleadings, the plaintiff filed a statement of claim dated the 19th March, 1993. Paragraphs 4, 5, 7, 8, 9 10 and 12 thereof forming the principal allegations of facts reads as follows.

"4. The plain…

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