UMOREN, JCA (Delivering the Lead Judgment): The Claim before the lower court is as hereinafter set out. The appellant was the plaintiff in the court below. He instituted an action claiming N348,040.00 from the defendant, the respondent in the lower court, for breach of contract for the delivery of a parcel, accepted in Maiduguri, from the appellant for delivery to the consignee at Istanbul, Turkey, in the course of his business.
The respondent is a limited liability company, who carries on courier services for delivery of mails, parcels and goods within and outside Nigeria.
The respondent failed to deliver the parcel.
The claims before the court below are as contained in paragraph 13 of the plaintiff's statement of claim. The claim is set out below:
“ Particulars
Value of contents of the parcel
(a) One coconut N 10.00
One small measure of ‘Ridi’ N 40.00 1 large Python skin N 4,200.00 4 large Alligator skins N 3,900.00 N 8,500.00
(2) Transportation to and from Kano and Air Fare from Kano t…