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ONWARD ENTERPRISES LIMITED V. MV "MATRIX" & ORS

(2008) JELR 49425 (CA)

Court of Appeal  •  CA/L/510/04  •  27 Jun 2008  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Appearances
Babajide Koku with O.I. Odumade (Miss) For Appellant A. Olorunfemi with O. Yusuf For Respondent

Judgement
<p>ADZIRA GANA MSHELIA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Federal High Court, Lagos delivered on the 11th day of August, 2004 by Abdullahi Mustapha J. in suit no FHC/L/CS/242/2002.</p><p> By contract of Affreightment contained in and/or evidenced by Bills of lading numbered Nos. 148/02B, Nos. 148/02, Nos. 348/02, Nos. 448/02, Nos. 448/02B and Nos. 248/02 dated at Bangkok, Thailand on 25/3/2002, the Plaintiff contracted with the defendants to carry about 280,000 bags of rice from Bangkok, Thailand, to Lagos and Port Harcourt in Nigeria for valuable consideration. In breach of the contract of Affreightment aforesaid, and/or their Duty of Care and/or in breach of their duty as bailee for reward, the defendant damaged and lost some of the plaintiffs cargo. The appellant who was the plaintiff before the lower court took out a writ against the respondents and by his amended statement of claim dated 15/07/2002 appearing at page 66 of the…</p>

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