Facts:

This is an appeal from the decision of the Federal High Court, Lagos Division (trial court), which was delivered by Saliu Saidu, J, on 15th December, 2015.

The respondent (as Plaintiff in the trial court), ordered for the importation of 700 bags of dried fish heads/bone with the appellant (as Defendant in the trial court) as the carrier of the cargo on board the vessel Maersk Flensbury in a container No. 1407064 and bill of loading No. SAFM 75-192441, on behalf of First Bank (whose name was later struck out from the suit), who was the consignee in the bill of lading.

The respondent alleged that 183 bags, out of the 700 bags of dried fish heads/bone, got damaged whilst under the custody of the appellant, and when the appellant was informed, it appointed a loss adjuster to meet with the respondent’s insurer to take record of the incident. The respondent on this note, claimed that the damage was out of negligence of the appellant to deliver the cargo in good state, and therefore with the ousted First Bank of Nigeria Plc, instituted an action via a writ of summon and statement of claim, beseeching the trial court for the sum of N5,490,000.00, being the sum payable for the insured damaged goods belonging to the Plaintiff, interest at the rate of 30% per annum, ₦3,000,000.00 as general damages, as well as cost for litigation.

The appellant joined issue with the respondent and denied liability by filing a statement of defence wherein it raised some legal defences.

Following the discordant claims, the trial court had a full-scale determination of the suit, and in a considered judgment, granted the claim in part.

The appellant was dissatisfied with the judgment, and appealed to the Court of Appeal.