Nigerian Ports Plc V. Beecham Pharmaceutical Pte Ltd & Anor (2012)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C. 

This appeal is brought against the judgment of the Lagos Division of the Court of Appeal in which the lower Court affirmed the judgment of the Federal High Court, Lagos presided over by Jinadu, J.

About November, 1993 the 1st Respondent, a Pharmaceutical Company, incorporated in Singapore with an address within jurisdiction at Km 16 Ikorodu Road, Ojota, Lagos, shipped a consignment of five containers of pharmaceutical products from Singapore to the 2nd Respondent, also a Pharmaceutical Company incorporated in Nigeria with offices also at Km 16, Ikorodu Road, Ojota, Lagos.

The appellant, a statutory body, was a bailee for reward in respect of the five containers. Four of the five containers were duly cleared and delivered to the 2nd Respondent. However, the container with the number KNLU 318007-8 was alleged to have been broached while in the custody of the appellant in January 1994. There were correspondences between the parties on the loss of the contents of the container No. KNLU 31800-8 and after the conclusion of Police investigation in the matter, the Respondents sued the appellant claiming as follows:

“(a) The sum of N4,785,905.45 (Four million seven hundred and eighty-five thousand nine hundred and five naira forty-seven (sic) kobo) being the value of 87 cartons of pharmaceutical products belonging to the plaintiffs lost in the custody of the defendant.

(b) N500,000.00 being general damages for the loss of the plaintiffs goods which loss was occasioned by the negligence of the defendant.

(c) Interest on the composite sum at the rate of 21% per annum from November 28, 1993 until judgment and thereafter at the rate of 12% per annum until the sum is paid.

(d) Costs.” (see page 15 of the record).

In his judgment the learned Judge, Jinadu, J. after a review of the entire case, concluded as follows:

“I therefore find and hold that the plaintiffs have been able to prove their case on the balance of probabilities and that they are therefore entitled to judgment. Accordingly judgment is hereby entered for the plaintiffs in the sum of N4,785,905.45. The plaintiffs have been unable to prove any special damage and the interest claimed and the two heads of claim are hereby rejected.” (See page 116-117 of the record).

Appellant appealed to the Court of Appeal, Lagos Division. The lower Court, in its judgment, concluded thus:

“Appeal dismissed while judgment of learned trial Judge affirmed with N10,000 costs to the respondents.” (See page 277 of the record).

Against the said judgment, Appellant appealed to the Court on six grounds hereunder, reproduced shorn of their particulars:

“1. The learned Justices of the Court of Appeal erred in law when they dismissed the appeal of the Appellant in favour of the Respondents without taking cognizance of the lack of jurisdiction of the Court to hear the matter, which rendered the whole proceedings and judgment a nullity.