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PETROJESSICA ENTERPRISES LTD. & ANOR. V. LEVENTIS TECHNICAL COMPANY LTD.

(1992) JELR 43875 (SC)

Supreme Court  •  SC.294/1989  •  19 Jun 1992  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; PHILLIP NNAEMEKA-AGU JSC; IDRIS LEGBO KUTIGI JSC; ABUBAKAR BASHIR WALI JSC;

Judgement

S. M. A. BELGORE, JSC (Delivering the Leading Judgment): The first appellant is a clearing agent for the Department of Customs and Excise, Shipping agent, warehouseman and forwarders. The second appellant is also a warehouse man, stevedoring contractor and freight forwarding company but according to the claim it also acts as agent of first appellant. The statement of claim, relating to warehousing of the defendant's cargo and rent due thereupon concluded as follows:

"WHEREOF Plaintiffs claim the sum of N270,470.00 due on the warehousing (including related services), the defendant's cargo B/L No.13 and B/L No.14 ex Eco Ana of 28/10/77, Rotation No.77/451, plus interest from 1st May 1977 until judgment."

The matter was filed before the Federal High Court, Benin Division whereupon the defendant raised by way of preliminary objection contained in the concluding part of Statement of Defence as follows in paragraphs 19, 20 and 21:

"19. The defendant will before the trial or at trial raise …

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