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UMARCO NIGERIA PLC v. OFEELLY AGRO-FARMS & EQUIPMENT COMPANY LIMITED & ANOR

(2016) JELR 41346 (CA)

Court of Appeal  •  CA/L/567/2008  •  30 Jun 2016  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; CHINWE EUGENIA IYIZOBA JCA; TIJJANI ABUBAKAR JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abutu J of the Federal High Court, Lagos Division delivered on the 1st day of March 2005.

By a civil summons dated 28th October, 1997, the 1st Respondent Ofeelly Agro-Farms and Equipment Co Ltd commenced an action against the 2nd Respondent, Nedlloyd Lijnen B.V. Rotterdam (owners of the four mentioned vessels) and the Appellant Umarco Nigeria Plc, jointly and severally claiming, inter alia, the sum of US$558,000.00 (Five Hundred and Fifty Eight Thousand United States Dollars) or its naira equivalent in the sum of N49,455,500.00 (Forty Nine Million Four Hundred and Fifty Five Thousand Five Hundred Naira) plus interest, being special and general damages for breach of contract and/or tort of bailment as common carriers and bailees for reward of the 1st Respondent's 1 x 40 foot container said to contain Automobile packages which the Defendants failed or neglected to deliver or return…

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