INTERNATIONAL MESSENGERS (NIG) LTD V PEGOFOR INDUSTRIES LIMITED

Issue:

The respondent a manufacturing company based in Onitsha, delivered a faulty spare-part of one of its manufacturing equipments to the appellant, a courier company, for delivery to a company in Italy for repairs and return same to the respondent in Onitsha after the necessary repairs had been carried out. The agreed fee of N2,110.00charged by the appellant was paid by the respondent and a receipt for the payment was issued. Also given to the respondent is another document for the air freight behind which is printed an exclusion clause limiting the appellant' s liability for loss etc to only N500.00 The package was not delivered at the destination as required and no reason for the failure was given by the appellant. The respondent instituted this action at Onitsha High Court claiming the value of replacing the lost spare parts, and refund of the freight charges paid to the appellant among others. Judgment was entered in respondent's favour for those two items. The appellant's appeal to the Court of Appeal against that judgment was dismissed, hence the present appeal to the Supreme Court.