Christopher E. Nwanji Vs Coastal Services (Nig.) Ltd (2004)
LAWGLOBAL HUB Lead Judgment Report
UWAIFO, J.S.C.
The facts of this case are simple. The plaintiff who is engaged in the business of shipping, warehousing, clearing and forwarding of goods entered into a contract with the defendant, a transporter of goods. The contract was for the defendant to transport some iron rods and bags of cement from the Warri Port to be delivered to the Fougerolle (Nig.) Limited at Ajaokuta. It was alleged that those goods were not delivered, whereupon, the plaintiff claimed for:
- Cost of goods … N74,254.60 (sic)
- Loss of commission from
contract with Fougerolle (Nig.) Ltd. 140,000.00
- Expenses incurred
in making inquiries 10,000.00
4.Cost of defending
action by Fougerolle (Nig.) Ltd. 20,000.00
5.General damages 90.000.00
Total N334254.00 (sic)
The defendant contended that it delivered the goods and counterclaimed for N7,165.50 as special damages which he alleged the plaintiff deducted from his entitlement and N88,924.44 as general damages which, however, did not add up to the N100,000.00 stated as the total counter-claim.
On 27th January, 1995, Narebor, J. sitting at the High Court, Warri, in an inordinately long judgment, having regard to the simple nature of the case, found for the plaintiff and awarded damages as follows:
“a. General damages N85,000.00
(i) 41 trucks of cement
and iron rods lost 74,000.00
(ii) Cost of making
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