Asafa Foods Factory Ltd. V. Alraine Nig. Ltd. & Anor (2002)

LAWGLOBAL HUB Lead Judgment Report

O. UWAIFO, J.S.C.

The plaintiff, now appellant, ordered a consignment of 6,691 cartons of Nido Instant Milk Powder from Concom Commercial S.A. (the consignor) of Lucerne Switzerland at a cost of $37.36 per carton, making a total of $249,975.76. The consignment was shipped on board the 2nd defendant’s vessel MS “Fionia” in Hamburg on 17th December, 1986 to the order of Savannah Bank of Nigeria Ltd., Kano branch, the consignee being the appellant. The bill of lading no.408 (exhibit D) listed the details of the consignment in cartons as follows:

Container No. Seal No. Quantity

EACD 482853-0 006027 744

EACU 482793-5 006024 744

EACU 481363-3 006025 744

EACD 482705-1 006026 744

EACU 482683-6 006028 743

EACU 482834-0 006029 743

EACU 482816-6 006030 743

EACU 482896-1 006031 743

EACU 482732-3 006032 743

6,691

The consignment landed at the Apapa/Lagos port, the port of discharge. It was then transported by road to Kano between 18th-20th March, 1987 for delivery to the appellant by the 1st defendant, clearing and forwarding agents in Nigeria. It was discovered that of the 6,691 cartons only 6,263 arrived in Kano. There was short delivery of 428 cartons. The appellant eventually claimed damages against the two defendants in an action filed on 11th March, 1988 for shortfall. The particulars of damages were stated thus in the amended statement of claim: