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PANALPINA WORLD TRANSPORT (NIG.) LTD. v. J. B. OLANDEEN INTERNATIONAL & ORS.

(2010) JELR 47540 (SC)

Supreme Court  •  SC.30/2003  •  10 Dec 2010  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; JOHN AFOLABI FABIYI JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC; BODE RHODES-VIVOUR JSC;

Judgement

O. O. ADEKEYE, J.S.C.: (Delivering the Leading Judgment): The particulars of claim filed by J. B. Olandeen International Limited on the 19th of September 1990 as plaintiffs before the Federal High Court Lagos reflected a claim brought jointly and severally against the 1st-4th defendants, the owners of G and C Admiral, Masters of G and C Admiral, G and C Africa Line and Grimaldi and Cobelfret West Africa Roro Service, shippers and receivers of a cargo of 196 Bags of Red Chillies from Tin Can Island Port Lagos to Antwerp, Bruxelles on Board G and C Admiral.

The 1st-4th defendants were then sued for a breach of contract particularly based on the alleged negligence of the defendants resulting in the non-delivery of the cargo of Red Chillies to the importers of the plaintiff. The full cost of the goods including the cost of freighting was N229,518.22k. The plaintiff supported this with a statement of claim in which the averments clearly stated the particulars of claim and the particulars o…

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