NEDLLOYD LIJNEN B.V. ROTTERDAM V. OFELLY AGRO-FARMS & EQUIPMENT CO. LTD. & ANOR
(2013) JELR 35718 (CA)
Court of Appeal
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CA/L/682/10
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24 Apr 2013
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Nigeria
Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA;
JOSEPH SHAGBAOR IKYEGH JCA;
RITA NOSAKHARE PEMU JCA;
Appearances
Mr. O. Atoyebi, SAN, (with Messrs. A. Olorunfemi, T. Gaji and F. Afolayan) For Appellant
1st respondent (unrepresented; did not file brief).Dr. A. A. Olawoye for 2nd respondent (did not file brief). For Respondent
Judgement
<p>JOSEPH SHAGBAOR IKYEGH, J.C.A (Delivering the Leading Judgment): This is an appeal from a decision of the Federal High Court of Justice sitting in Lagos (the court below), awarding the total sum of One Million, Two Hundred and Ninety Three Thousand, Six Hundred and Sixty United States Dollars, Forty Cents (US$ 1,293,660.40) to the 1st respondent against the appellant for breach of contract of bill of lading and for bailment, detinue and negligence arising from the alleged failure of the appellant to deliver a cargo of motor-vehicle spare parts supplied by the 1st respondent on the appellant's time chartered carrier, the MV Nedlloyd Recife. </p><p> In outline, the case at the court below revolved on the facts that the 1st respondent engaged a cargo ship chartered by the appellant to convey a container comprising some motor-vehicle spare parts or components covered by a bill of lading which described the goods to be 1 x 40 DC container(s) S.T.C. said to contain 1080 piston skirt (engine parts …</p>