Fasasi Adesanya (Trading Under The Name And Style Of Negro Commercial Agency) V Leigh Hoegh And Co. A/s (1968)

LawGlobal-Hub Lead Judgment Report

LEWIS, J.S.C

This Is an appeal by the plaintiff against the decision of Adefarasin J. on the 23rd of March 1967 in the Lagos High Court in Suit LD/167/66 dismissing his claim with costs. The plaintiffs claim in his writ reads:-

“the plaintiff’s claim against the defendant is for the sum of three thousand pounds (£3,000) being special and general damages for the defendants’ failure to deliver at Lagos In apparent good order and condition the quantity of 557 bags of 1000 bags of Majestic potatoes consigned to the plaintiff under the bill of lading No. 13 of 19/3/65 per defendants’ ocean vessel Hoegh Aurore.

Particulars of damages

Value of 557 bags of Majestic potatoes

which were delivered rotten        £1,949.10s.0d.

Survey Report Fees    10s.10d.

Limited as per

Invoice No. 2650/B 10/65 of 12/4/65    £199.17s.2d

£2,159.17s.2d.

Brought Forward    £2,159.17s.2d

General Damages    £840.2s.10d

£3,000.0s.0d

and the first three paragraphs of his statement of claim read:-