DOKUBO AND ANOR VS BOB-MANUEL AND ORS
August 29, 2025B. AKANDE AND ANOTHER VS A. AKANDE AND OTHERS
August 29, 2025Legalpedia Citation: (1967-03) Legalpedia 88915 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Tue Mar 21, 1967
Suit Number: SC 166/1967
CORAM
COKER MADRIKAN JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
CO-OPERATIVE SUPPLY ASSOCIATION
APPELLANTS
INTERCOTRA LIMITED
RESPONDENTS
DAVID NKANA
PATRICK ANELE
ADOLPHUS ENWEREZOR
FRANCIS IHENACHO
BETWEEN
IN RE- INTERCOTRA LIMITED
AND
CO-OPERATIVE SUPPLY ASSOCIATION
RESPONDENTS
AREA(S) OF LAW
BAILMENT – LAW OF CONTRACT
SUMMARY OF FACTS
The appellant as bailee misplaced some of the respondent’s goods for which this suit was instituted. The appellant stated that the contract between the parties was made subject to a condition limiting their liability to a certain sum.
HELD
The court held that appellant did not show they were not negligent in handling the goods and that the condition referred to is not binding because the respondent was given notice of it after the loss had occurred.
ISSUES
Whether the appellant was liable to the value of the respondent’s goods lost by it and whether the condition was binding.
RATIONES DECIDENDI
BAILMENT
1. ‘In order for bailees to escape liability, the onus is on them to establish that they took reasonable and proper care for the due security and proper delivery of the goods and that the loss was not due to negligence on their part.’ Per Madarikan J.S.C
A PERSON WHO IS NOT INFORMED OF A CONDITION IS NOT BOUND BY IT
2. ‘For a trade conditions to be binding on the plaintiff, it must be brought to his notice.’ Per Madarikan J.S.C
CASES CITED
Consolidated Tea and Lands Company and others v. Oliver’s Wharf [1910] 2 K. B. 395
STATUTES REFERRED TO
