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TOUTON S.A. V. GRIMALDI COMPAGNIA DI NAVIGA ZIONI S.P.A. & ORS

(2010) JELR 40375 (CA)

Court of Appeal  •  CA/L/275/07  •  15 Dec 2010  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; JOHN INYANG OKORO JCA; MOHAMMED AMBI-USI DANJUMA JCA;

Appearances
Okechukwu Egbuchu, Esq. with Dotun Kazeem Esq. For Appellant Ayo Olorunfemi, Esq. with Bukola Ade-Makanjuola (Miss) and R. Oduba, Esq. For Respondent

Judgement
<p>JOHN INYANG OKORO, J.C.A. (Delivering the lead : ): By a Writ of Summons and Statement of Claim dated the January, 2006; the Plaintiff/Appellant claimed the following against the Respondents;</p><p> &quot;1. From the 1st and 3rd Respondents jointly and severally, the sum &#x27;8017,441.94</p><p> 2. From the 2nd and 3rd Respondents jointly and severally, the sum of &#x27;80100,804.41</p><p> 3. Interest on the aforementioned sums at the rate of 10% per annum from 5th May, 2005 till the date of : , and thereafter, at the rate of 10% per annum until the : debt is fully liquidated&quot;.</p><p> The basis of the Appellant&#x27;s claim is that the Respondents, all Italian based companies, failed to exercise due diligence or care in storing, taking care, custody and the carriage, upon its vessels - the MV &quot;Grande Argentina&quot;, MV &quot;Grande America&quot; and the MV &quot;Grande Nigeria&quot;, of its cargoes of 4,000; 3,200; 3,200; 800 and 1,600 bags respectively of fermented Nigerian cocoa Beans, delivered to it intact and in good order and condโ€ฆ</p>

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