Facts:

The appellant entered into contract with the respondents for the shipment of a Sports Utility Vehicle (SUV) from the United States of America to Nigeria. After the vehicle was successfully shipped to Nigeria and delivered, the appellant alleged that the respondents caused damage to the vehicle. The appellant proceeded to file a suit against the respondents at the Federal High Court, Lagos Division alleging negligence in the handling of the vehicle. The appellant sought a declaration that the respondents owe it a duty of care in the handling of the vehicle. Furthermore, the appellant sought the order of the court to compel the respondents to pay to it the sum of N3,200,000 (Three Million, Two Hundred Thousand Naira) being the market cost of the damaged vehicle, the sum of N2,000,000 (Two Million Naira) alleged to be loss of profit on the vehicle, legal fees stated to be the sum of N1,500,000.00 (One Million, Five Hundred Thousand Naira) and general and exemplary damages of N3,000,000 (Three Million Naira).
The matter went to trial and at the end of proceedings, the court gave judgment in favour of the respondents and dismissed the claims of the appellant. The judge held that the appellant failed to prove the alleged negligence of the respondents. The appellant was dissatisfied with the decision of the trial court and consequently filed a notice of appeal at the Court of Appeal, Lagos Division. The parties filed their briefs and the 2nd and 3rd respondent filed a motion challenging one of the issues couched by the appellant on the ground that it did not emanate from the decision of the trial court. One of the issues for determination in the appeal is whether based on the evidence placed before the trial court, the court was right to have dismissed the appellant’s suit.