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MISS BUNMI OMOTOYE V. ABC (TRANSPORT CO.) LTD

(2009) JELR 47392 (CA)

Court of Appeal  •  CA/PH/142/06  •  18 Jun 2009  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE.EKUN JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the leading judgment): By writ of summons and statement of claim filed on 23/1/01 before the High Court of Rivers State, in the Port Harcourt Judicial Division, the appellant (as plaintiff) sought the following reliefs against the respondent:

a. A declaration that the defendant was negligent in handling the goods belonging to the plaintiff which the defendant was to deliver from Lagos to Port Harcourt to the plaintiff cover (sic) by receipt on 28/7/2000.

b. An order of the court compelling the defendant to way to the plaintiff the following:

1. The sum of N 117, 000.00 (One hundred and seventeen thousand naira) being the value of the goods damaged.

ii. The sum of N4, 700.00 (Four thousand seven hundred naira only) being the cost of transport to and fro Port Harcourt to Lagos.

iii. The sum of N1, 000, 000.00 (One Million Naira Only) being damages for loss of goodwill, loss of turnover on the goods and loss of profit.

The resp…

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