R-BENKAY NIGERIA LIMITED. V. CADBURY NIGERIA LIMITED

NWALI SYLVESTER NGWUTA, JSC (Delivering the Leading Judgment): In the Writ of Summons and Statement of Claim filed simultaneously in the Registry of the High Court of Lagos State, Ikeja Judicial Division on 18/4/2000, the Respondent as plaintiff claimed against the appellant as defendant as follows:

"Wherefore the plaintiff claims from the defendant the sum of N5,108,270.30 being the value of goods and costs suffered by the plaintiff."

Hereunder is a summary of the facts of the case.

The appellant and the Respondent are limited liability companies incorporated in Nigeria. The plaintiff carries on the business of manufacturing of food beverages and food items with head office and depot along Lateef Jakande Road Agidingbi, Ikeja, Lagos while the Respondent is engaged in carriage of goods for hire with head office at No. 20 Oguta Road, Onitsha, Anambra State.

On the application of the Respondent dated 12/2/96 for appointment as a transporter, the appellant so appointed the Respondent o…