Quo Vadis Hotel And Restaurants Ltd V. Nigeria Maritime Services Ltd. (1992)

LawGlobal-Hub Lead Judgment Report

U. MOHAMMED, J.S.C. 

The plaintiff/appellant commenced action in tort in a Lagos High Court against the defendant/respondent claiming, vide paragraph 14 of its statement of claim the following reliefs:-PARTICULARS OF DAMAGE

1. Cost of 300 cartons of Taittinger

Champagne at N7,000

per carton (C&F) N21,000.00

2. Cost of Custom Duties

paid on 300 cartons 8,357.00

3. General Damages 20,000.00

TOTAL N50,000.00

The plaintiff’s case was predicated on negligence and paragraph 12 of the Statement of Claim averred as follows:-

“12. The defendants by their negligence committed warehouse irregularities thereby incurring penalties and forfeiture of 300 cartons of the plaintiff’s Taittinger Champagne

PARTICULARS OF NEGLIGENCE

(a) Failing to take any or adequate or effective measures to ensure that customs duties payable on all the 1,000 cartons of Taittinger Champagne were paid over to the Department of Customs & Excise within a reasonable time.

(b) Failing to use their expertise (sic) knowledge to avoid incurring liabilities in the process of clearing the goods.

(c) Committing warehousing irregularities which led to the forfeiture of 300 cartons of Taittinger Champagne from their bonded warehouse.

(d) Releasing all the 1000 cartons of Taittinger Champagne to plaintiff when the defendant knew or ought to know that it was not proper to so release the goods at the time they did.

(e) Failing to ensure that 300 cartons of Taittinger Champagne belonging to the plaintiff were not forfeited for warehouse irregularities committed by defendants.”