West African Shipping Agency (Nig.) Ltd & Anor V. Alhaji Musa Kalla (1978)
LawGlobal-Hub Lead Judgment Report
ESO, J.S.C.
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 to Port Harcourt.
- In demonstration of the acceptance of this agreement of carriage the Defendants accepted 560 bags of beans from the Plaintiff into the ship and caused BILL OF LADING dated 29th May, 1970 to issue, in addition to a manifest also issued by the first Defendant.
- The Defendants caused copies of the BILL OF LADING and the MANIFEST to be served on the Plaintiff as the Shippers of the beans in Lagos/Apapa Wharf and as the Consignee in Port Harcourt.
- The ship “LIHAUG” left Lagos/Apapa with the Plaintiff’s 560 bags of beans bound for Port Harcourt.
- The Plaintiff went to Port Harcourt to meet the ship “LIHAUG” in order to collect his 560 bags of beans.
- The Plaitniff on presenting his BILL OF LADING and the MANIFEST at Port Harcourt was disappointed to observe that he was not allowed to take delivery of his 560 bags of beans, by the Captain of the ship.
- That ship later left Port Harcourt for other destinations with the 560 bags of beans belonging to the Plaintiff.
- The two Defendants failed to deliver the 560 bags of beans to the Plaintiff at Port Harcourt and the Plaintiff does not know the whereabout of his 560 bags of beans.”
The 1st defendant denied liability in their Statement of Defence and averred inter alia-
“2. The 1st Defendant is not and has never been a Carrier of good by ship called “LIHAUG” but is merely a shipping agents.
4….the 1st Defendant will establish that the Bill of Lading was issued and signed by the Master of the Vessel “LIHAUG” but admits that the manifest was issued by the 1st Defendant.
- On the 1st of June 1970 the vessel “LIHAUG” was sold by the 2nd Defendant to the Fleetway Line Limited
- The 1st Defendant states that since it was not the carrier of the goods in question, it was not its duty to arrange for an agent in Port Harcourt.
10…. the 1st Defendant reiterates that since the vessel “LIHAUG” has been sold by the 2nd Defendant they have no more connection with the said vessel “LIHAUG”. In the premises therefore the 1st Defendant could not have arranged for an Agent in Port Harcourt.”
The 2nd defendant neither filed a Statement of Defence nor took part in the proceedings.
Before proceeding further, we would like to state that on the 22nd of April, 1972, following an order of the court, the 1st defendant delivered answers to interrogatories which were filed by the plaintiff. The interrogatories and answers are as follows –
“1. What are the full names of your Principal
Messrs. Leif Nyklebust Fonnes
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