Facts:

The applicant\appellant, Panalpina World Transport Limited is a carrier of goods and a clearing agent. It was contracted by the first respondent, Glenyork Nigeria Limited to clear its goods from customs at Port Harcourt wharf and to transport same by road to the premises of the first respondent as consignee at Calabar. While the goods were being transported by the appellant, one of the goods, a Ruston engine allegedly fell off the trailer and was delivered damaged to the first respondent. The 1st respondent then commenced an action by a writ of summons claiming inter alia the sum UK £95,927.28 (ninety-five thousand nine hundred and twenty-seven, pounds and twenty-eight pence) being special damages suffered by the 1st respondent as a result of the appellant’s breach of contract and/or negligence and breach of duty as carrier for reward in conveying its Ruston diesel power engine from Port Harcourt to Calabar.