JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The 1st respondent sued the appellant and the 2nd respondent in the Federal High Court, Lagos claiming a total sum of N2,541,200.00 (Two million five hundred and forty-one thousand two hundred naira) being special and general damages for breach of contract of carriage of goods covered by bill of lading No. 101.
The 1st respondent filed a statement of claim on the 9th of April, 1997. The appellant did not file a statement of defence but chose to file a motion on the 6th of November, 1997 requesting the trial court to dismiss the suit on the ground that it was statute-barred.
The trial court heard argument and dismissed the motion. It is against that ruling that the appellant has appealed to this court.
The learned counsel of the appellant filed a brief of argument and formulated two issues for determination as follows:
1. Is the 1st respondent (plaintiff) bound by the terms and conditions of the bill of lading contract ent…