TOUTON S.A. V. GRIMALDI COMPAGNIA DI NAVIGA ZIONI S.P.A. & ORS
(2010) JELR 40375 (CA)
Court of Appeal
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CA/L/275/07
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15 Dec 2010
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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> "1. From the 1st and 3rd Respondents jointly and severally, the sum '8017,441.94</p><p> 2. From the 2nd and 3rd Respondents jointly and severally, the sum of '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".</p><p> The basis of the Appellant'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 "Grande Argentina", MV "Grande America" and the MV "Grande Nigeria", 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 condโฆ</p>