Jfs Investment Ltd. Vs Brawal Line Ltd. & Ors (2010)
LAWGLOBAL HUB Lead Judgment Report
OLUFUNLOLA OYELOLA ADEKEYE
This appeal is against the judgment of the Court of Appeal, Lagos Division delivered on the 10th of May 2000. The appellant, JFS International was the plaintiff in the suit filed at the Federal High Court Lagos.
In its statement of claim, the plaintiff/appellant claimed against the defendants now respondents, Brawal Line Limited, the Owners and Charterers of M.V. Ndoni River and M.V. Ndoni River jointly and severally as follows
(1)Judgment for the aforestated amount of DM30,487.40 (thirty thousand, four hundred and eighty-seven Dutch Marks and forty pfenning).
In addition
The sum of N19,980.68 being the duty paid on goods undelivered. Damages for breach of contract and loss suffered. Interest on the said judgment sum from the 16th of September 1994 till judgment thereafter till payment with costs.
Vide pages 6-9 of the Record.
The particulars of claim of the plaintiff/appellant on which its case at the Federal High Court was predicated, read as follows: –
Particulars of Claim
(1) By a bill of lading issued by the defendants (or its agents) for and on behalf of all the defendants contracted to carry on board their vessel M.V. Ndoni River, a cargo of sodium chloride iodised, duly delivered to them in good order and condition at Hamburg Germany from the said port to Lagos/Apapa Nigeria and thereto deliver the same in the like good order and condition to the plaintiff.
(2) The defendant’s negligently and or in breach of the said contract and in breach of their duty as bailees did not deliver the goods in good order and condition, but presented some 62 pallets (say 1485 bags) of cargo landed short and some 30 pallets of sodium chloride (IODISED) damaged however.
(3) The total invoice value of the entire cargo of sodium chloride delivered to the defendant in Hamburg in Germany in good order and condition is DM134,900 and the corresponding of that portion thereof delivered short and damaged in Apapa Lagos is DM30,487.40.
(4) By reason of the afore-stated premises, the plaintiff has suffered loss and damage.
The plaintiff/appellant amplified on the particulars of claim in the statement of claim where it pleaded and relied on two bills of lading L545 and L546. There was evidence of a contract of carriage of goods between the appellant and the respondents to carry on board the 3rd respondent’s vessel M.V. Ndoni River, the appellant’s cargo of industrial sodium chloride from Hamburg, Germany for delivery at Lagos Port, Apapa. There was evidence that the consignments were short landed and damaged. By the 24th of September 1992, it had received the Nigerian Ports Authority Form 38 being Notice of Cargo Landed damaged. The plaintiff/appellant initiated a suit at the Federal High Court in respect of this loss on the 24th of February 1995 – two years after short landing and loss.
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