Facts:

This appeal is against the judgment of the Federal High Court, Lagos Judicial Division delivered by Hon. Justice Hadiza R. Shagari, on 13th November, 2017.

The respondent instituted an action at the lower Court via Writ of Summons, seeking monetary reliefs of special and general damages for negligence, and breach of contract by the Appellants, in respect of the demurrage charge paid to APM Terminals at Apapa Port, and the Appellants, as well as interests charged on amount claimed. The Respondent ground for these reliefs is predicated on the fact that the Appellants were negligent in splitting their cargo, and that issuing two separate bills of lading for the split consignment caused delay in clearing of the cargo at the port of discharge in Apapa, Lagos, and that same resulted in the Respondents incurring losses and suffering damages.

It was the case of the Appellants that while the 3rd Appellant entered into a contract of carriage with the Respondent to carry its consignment containing forty containers from Thailand to Apapa, Lagos, it was discovered in transit that one of the containers were damaged and in exercise of its duty of reasonable care, the 3rd Appellant split the said consignment into two in order to fulfil its obligation to deliver the Respondent’s cargo in good condition. That the shippers and by extension the Respondent had knowledge that the carrier had split the consignment into two separate consignments. The Appellants further submitted that since the Respondent had knowledge of the split; it should have taken steps to regularize the shipping documents to correspond with the two bills of lading issued, and at such, denied being negligent contending that they acted in the best interest of the Respondent to deliver the consignment in good condition.

The parties joined issues through their pleadings and trial was duly conducted. In a considered judgment, the trial court proceeded to deliver judgment in favour of the Respondent.

Dissatisfied with the decision of the trial Court, the appellant appealed to the Court of Appeal.