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The Swiss Air Transport Co. Ltd v. African Continental Bank

(1971) JELR 44096 (SC)

Supreme Court  •  SC.177/1968  •  29 Jan 1971  •  Nigeria

Coram
IAN LEWIS JSC; UDO UDOMA JSC; CHARLES OLUSOJI MADARIKAN JSC;

Judgement

LEWIS, J.S.C. (Delivering the Leading Judgment ): In suit LD/43/65 the plaintiffs' writ read:

"The plaintiffs claim against the defendants is for the sum of 312,772.10s (Twelve thousand, seven hundred and seventy-two pounds, ten shillings) being damages suffered by the plaintiffs for the loss of Sudanese bank notes valued at 13,100 Sudanese pounds which were delivered by the plaintiffs to the defendants as carriers for hire and received by the defendants as such carriers on or about 25th January, 1963 to be by the defendants taken care of and safely carried from Geneva to Kano Nigeria and there delivered to the plaintiffs within a reasonable time in that behalf for reward to the said defendants.

The defendants did not take care of the said bank notes and did not safely carry and deliver same to the plaintiffs as aforesaid whereby the said bank notes were lost to the plaintiffs. The defendants have failed and/or neglected to pay in spite of repeated demands."

Pleadings were ordered and…

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