Collins Iwuoha V. Nigerian Railway Corporation (1997)

LAWGLOBAL HUB Lead Judgment Report

L. KUTIGI, J.S.C.

The plaintiff claims against the defendant as follows –

“(1) N40,500.00 being value of two large packages of wearing apparels.

(2) N1,500.00 as out of pocket expenses incurred searching for the packages from one place to another.

(3) Damages.”

(See paras. 15 & 16 of the Statement of Claim).

After the filing and exchange of pleadings, the case proceeded to trial during which the plaintiff testified for himself and called three other witnesses. Two witnesses testified on behalf of the defendant.

The facts of the case were that the plaintiff on 9/3/84 at Aba Railway Station in Imo State, delivered three packages containing wearing apparels to the defendant’s servant (D.W.1) for transportation to Bukuru in Plateau State. D.W. 1 said he weighed the three packages and charged the piaintiffN9 .00 (nine Naira) only. The plaintiff paid and the D.W.1 issued him a receipt – a “Way Bill” (Exhibit A in the proceedings). D.W.1 collected the packages and told the plaintiff at to report Bukuru Railway Station the next day to collect the packages.

The plaintiff reported at Bukuru Railway Station as directed on 10/3/84. When he got there he could only find the smallest of the three packages. The two big packages were missing and were nowhere to be found. On inquiry, he was told that the two big packages had been stolen by robbers while in transit between Aba and Bukuru. He was advised to search for the missing packages at various Railway Stations. This he did but without success. The plaintiff claimed that the two missing packages contained goods worth N40,500.00 and in a fruitless attempt to trace the packages he incurred out-of-pocket expenses totalling about N1,500.00.

The defendant did not deny receiving the three packages from the plaintiff nor did it deny losing the two big packages. It therefore accepted liability but denied the claim on the ground that the plaintiff did not declare the contents and value of the packages at the time he handed them over to D.W.1 on 9/3/84 at Aba Railway Station. That ifhe had done so he would have been supplied with a “Form T.C. 30” for completion, and in which case he would have paid a higher premium than the mere N9.00 he was charged. In fact, the defendant had by letter dated 13th October, 1984, addressed to the plaintiff (Exhibit G) admitted liability for the loss of the packages and relying on the provisions of the Nigeria Railway Corporation Act of 1955 and Tariff No. 9 0f 1981, offered the plaintiff forty Naira (N40.00) only for the loss of the two packages. The offer was rejected by the plaintiff and consequently he instituted this action.

The learned trial Judge reviewed the evidence led before him and found for the plaintiff and he concluded his judgment on page 54 of the record thus –

“In the final analysis, the plaintiff is entitled to judgment for the sum of N40,500.00 being the value of the two packages of wearing apparels admittedly lost by the defendant/Corporation plus N 1,500.00 the plaintiff spent as out of packet expenses in searching for the packages.”

The claim for general damages was refused on the ground that it would have amounted to double compensation in the circumstances of this case.

Aggrieved by the decision of the High Court the defendant Corporation appealed to the Court of Appeal, Jos Judicial Division. In a reserved judgment the Court of Appeal unanimously allowed the Appeal. Mukhtar J.C.A. who delivered the lead judgment said on page 125 of the record –