Facts:

The appellant is a transporter of goods trading in the name and style of Firestone Enterprises, while the respondent is a registered company engaged in the business of shipping, warehousing, clearing and forwarding of goods. The appellant entered into a contract to transport some iron rods and bags of cement on behalf of the respondent from Warri Port to Fougerolle (Nig.) Limited at Ajaokuta. Alleging that the goods were not delivered, the respondent instituted an action in the High Court, Warri claiming damages for the following items: