Nigerian Ports Authority V. Rahman Brothers Limited (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Benin Judicial Division in Suit No. FHC/CS/B/1I/1998 delivered on 17th June, 2002. The Respondent herein was the Plaintiff before the lower Court, while the Appellant was the Defendant. The claim before the lower Court was for the sum of N242,530,899.50 (Two Hundred and Fourty-Two Million Five Hundred and Thirty Thousand Eight Hundred and Ninety-Nine Naira Fifty Kobo) as damages for negligence caused by the defendant resulting in the loss of 13,365 Teak Logs also equivalent to 9,448 ,029 cubic metres in volume.

In a statement of defence the Appellant denied liability and put the Respondent to strictest proof of the claim. Added to the statement of defence, the appellant also counterclaimed for various sums of money under different headings totaling about N13,817,123.00 (Thirteen Million Eight Hundred and Seventeen Thousand One Hundred and Twenty Three Naira) also for negligence and want of care and diligence.

Issues were duly joined on the claim and the Counter claim and the matter went to trial. At the trial, oral and documentary evidence were adduced at the end of which respective learned Counsel addressed the Court. After considering the evidence before it and the submissions of respective learned Counsel on them, the lower Court delivered its judgment on 17-06-2002.

Before the judgment of the lower Court it is worthwhile to underscore the factual basis of this matter. It is a claim for negligence arising out of a fire incident which took place on 22/02/97. The Respondent was a tenant of the Appellant at a Port facility in Warri, Delta State. The Respondent was using this facility for the preparation, grading and storage of Teak Logs for export. As a result of a fire incident at the Port a large quantity of Teak Logs belonging to the Respondent were totally destroyed.

In its judgment the lower Court observed and held as follows:-

“I therefore accept the figures stated by the PW1 (sic) which forms the basis for the total amount they are (sic) claiming for the logs that were destroyed. I also find that the Defendant(s) being the landlord of the Plaintiff and other tenants, have been negligent for not clearing the bush around their land considering the fact that it was Harmattan period. They had no also (sic) effective fire fighting equipments to control a fire of such magnitude. They did not act promptly despite the fact that the fire out break was reported to them timeously.

The principle of res ipsa loquitor also applies in this case, as the Defendants cannot explain how the fire started and properties of the Plaintiffs were damaged. The fact therefore, speaks for itself. The quantity of the logs that were destroyed is not in disputes and the value also not disputed having been established by evidence I have no option but to enter judgment in favour of the Plaintiff as per their statement of claim. This is the judgment of the Court.”

See page 27 of the judgment as page 121A of record of appeal.

This judgment, in short awarded damages for negligence in .terms of the statement of claim i.e. N242,530,899.50K. The appellant was dissatisfied with this judgment and filed this appeal in a notice of appeal dated 18-06-2002. In due course, the appellant sought for and obtained leave to amend this notice of appeal to incorporate 4 additional grounds of appeal on top of the original 6 grounds of appeal. These grounds of appeal and their particulars are hereby set out thus:-

GROUNDS OF APPEAL

i. Judgment is against the weight of evidence.

iiThe learned trial Judge erred in law when he held that, the magnitude of the fire which burnt the Plaintiffs’ logs was not contemplated by the agreement between the parties (Exh.A)

PARTICULARS OF ERROR