MAGNA MARITIME SERVICES LIMITED V. S.A. OTEJU
June 10, 2025BENNETH N. OKERE V. PRINCE O.D. AMADI
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 81711
In the Supreme Court of Nigeria
Fri May 13, 2005
Suit Number: SC. 103/2000
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE,SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
INTERNATIONAL MESSENGERS (NIG) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent sued the appellant for failure to deliver a package for which it had paid more than 2000 naira. The appellant contended that the lower courts were in error for failing to limit it liability to N500 stated in the exclusion clause of the agreement between the parties.
HELD
The court held that S.190 of the Anambra Contract Law applied to prevent the application of the exemption clause where there is a fundamental breach of contract. ?
ISSUES
1. Whether the lower courts determined the only issue for determination presented to it (sic) by the parties in Exh. ‘A’ settlement of Issues?2. Whether on a proper determination of the issue for determination in Exh.’A’ the Defendant is liable to indemnify the Plaintiff to the full extent of its loss having regard to the terms of the contract between the parties? 3. Whether the Plaintiff proved the value of the lost package?
RATIONES DECIDENDI
CASES CITED
1) Colonial Development Board v Kamson (1955) 21 N.L.R. 752) Mohammed v Commissioner of Police (1987) 4 N.W.L.R. (Pt.65) 4303) Katsina Local Authority v Alhaji Bermo Makudawa (1971) N.M.L.R. 1004) Narumal & Sons Ltd v N.B.T.C. Ltd (1988) 2 N.W.L.R. (Pt. 106) 7305) Suisse Atlantique case (1967) 1A.C 361 at 392, 399?
STATUTES REFERRED TO
The Anambra State Contract Law
