United Parcel Services Nigeria Limited V. MR. Larry Umukoro (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment)

This is an appeal which metamorphosed from the judgment of the High Court of Rivers State, per Hon. Justice S. H. Aprioku delivered 30th May, 2013.

The brief facts leading to the appeal are that respondent herein being the claimant at the High Court of Rivers State on 16th October, 2008 against the appellant (defendant at the lower Court) claiming the sum of N50,000,000.00 (Fifty Million Naira) as general damages for the negligent loss of his confidential documents packaged with Waybill/Tracking No. H7475575442 despatched to Canada. See pages 5-7 of the record of appeal.

?The respondent claimed that he was successfully nominated for permanent immigration to Canada with his family and that he had a secured employment waiting for him consequent upon which he was required to dispatch and deliver all the soon to be listed confidential documents to Canada. In furtherance of this the respondent engaged the courier services of the appellant. He packaged and delivered to the appellant the underlisted notarized originals of his documents and

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those of his wife and two children for onward delivery to: “Nigeria Association of Manitoba (MANITOBA NOMINEE PROGRAM) WINNIPEG, MANITOBA, CANADA”:

a) International Passports.

b) Birth Certificates.

c) Academic Certificates;

d) Bank Financial Statements;

e) Stock/Share Certificates;

f) Marriage Certificate;

g) Academic Transcripts of Claimant and his wife;

h) Claimant and his wife’s letters of employment;