HILARY FARMS LTD. V M/V MAHTRA

Issue:

This appeal is against the decision of the Court of Appeal Lagos Division delivered on 2nd December, 1999, upholding the judgment of Auta J. of the Federal High Court Lagos given on 27th July, 1994, dismissing the suit filed by the Plaintiffs/Appellants in that Court against the Defendants/Respondents. The claims of the Plaintiffs/Appellants in their action was that as owners of 858 boxes of Electric Water heaters and Electric Flat Irons carried in two containers on board the Defendants'/Respondents' ship and as consignees under a Bill of lading claimed damages for loss of, or non delivery of the 858 boxes carried by sea from Talim in Russia to Lagos Nigeria. The total damages claimed with interest came to US$108,050.87. The trial Court after giving the parties full hearing, came to the conclusion that the Plaintiffs/Appellants have failed to prove their case on the evidence adduced by them and dismissed the action