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WEST AFRICAN SHIPPING AGENCY (NIG.) LTD & ANOR V. ALHAJI MUSA KALLA

(1978) JELR 45244 (SC)

Supreme Court  •  SC.205/1976  •  3 Mar 1978  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC;

Judgement

K. ESO, JSC (Delivering the Leading Judgment): On 17th March, 1975, in Suit No. LD/511/71, the Lagos High Court, presided over by Adebiyi J., gave judgment in favour of the plaintiff, Alhaji Musa Kalla, against the 1st defendants, the West African Shipping Agency (Nigeria) Ltd., for the sum of N8,640 out of which the sum of N7,840 represents special damages while the balance of N800 was awarded as general damages.

In that court, the plaintiff claimed against the 1st and the 2nd defendants for -

"the delivery of 560 bags of beans or the sum of 6,000 Pounds (N12,000) being the value of the 560 bags of beans delivered to the Defendants under an agreement by sea in May, 1970, and for general damages for breach of contract."

The case of the plaintiff is set out in his Statement of Claim and we shall reproduce some paragraphs hereunder -

"3. In May 1970, the Plaintiff paid the Defendants freight charges for the carriage of 560 bags of beans in a ship called "LIHAUG" from Lagos/Apapa Wharf t…

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