AKINTAN, JCA (Delivering the Lead Judgment): This is an appeal from the judgment delivered by Ayorinde, J. sitting at Ibadan High Court in Oyo State on 22nd June 1989 in suit No. I/706/86. The present respondent was the plaintiff while the appellant was the defendant. The appellant company, Triana Limited, is a company incorporated in Nigeria with its head office in Apapa, Lagos and engaged in the business of shipping, clearing, forwarding and warehousing of goods for other companies. The respondent, Polymakers Limited, is also a company incorporated in Nigeria and based in Ibadan. It carries on the business of production of bread wrappers for which it uses low density Polythylene (otherwise referred to A as LDPE). The plaintiff was expecting a consignment of LDPE in two containers due to arrive in Nigeria via Apapa Port. It engaged the services of the defendant company for the purpose of clearing the consignment at Apapa Port on arrival there and deliver them to the plaintiff at it…