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UMARCO (NIGERIA) PLC V. JOFABRIS AND ASSOCIATES LTD. & ANOR

(2003) JELR 46889 (CA)

Court of Appeal  •  CA/L/240/2000  •  19 Jun 2003  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SULEIMAN GALADIMA JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

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…

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