AGBELUSI & OGUNGBABI V. CHIEF SAMUEL OLABODE

EMMANUEL OLAYINKA AYOOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the High Court of Lagos state dismissing a claim by the Appellants (plaintiffs) against the respondent (defendant) for the sum of N66,030,19 being the value of goods in a container handed over to the respondent by the appellants pursuant to a contract for carriage of goods but which were not delivered and awarding interest on an admitted counter claim.

Sometime in July 1978, the respondent agreed with the appellants to carry for reward containers containing goods from Apapa Wharf to Orile-Iganmu, Lagos. The containers were duly loaded on two vehicles provided by the respondent for carriage as agreed. On arrival at the agreed destination, the vehicles were not off-loaded but were diverted to the warehouse of the owners of the goods, described as consignees, at Isolo; the appellants being only clearing agents clearing the goods on behalf of the owners. There was conflict of evidenc…