CORAM

M.L. UWAIS

A.B. WALI

O. OLATAWURA JUSTICE, SUPREME COURT

PARTIES

U.A.C. OF NIGERIA LTD APPELLANTS

M.O. FASHEYITANM.O. FASHEYITAN NIGERIA LTD. RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant company(plaintiff) entrusted goods to the defendants/respondents to be transported by them from Lagos to Kaduna where the appellant had a branch. The goods were not delivered at Kaduna or anywhere and they were not returned to the plaintiff/appellant either.

HELD

The appeal was dismissed.

ISSUES

1. Whether or not the lower court erred in law in declining to reverse the decision of the High Court when the findings of the learned Judge cannot be supported by the evidence placed before him at the trial and therefore failed to draw the proper inference from the facts proved. 2. Was the Court of Appeal in error in refusing to reverse the decision of the learned judge or interfere with his findings of fact when such findings are perverse and the learned judge did not appear to have taken proper advantage of his having seen and heard the witnesses.

RATIONES DECIDENDI

CASES CITED

1. Elf (Nigeria) Ltd v. Sillo (1994) 6 NWLR (Pt. 350) 2582. Carlen (Nigeria) Ltd v. Unijos (1994) 1 NWLR (Pt. 323) 631 SC.3. Avanbove v. Balogun (1990) 5 NWLR (Pt. 137) 3924. Onifade v. Olayiwola (1990) 7 NWLR (Pt. 161) 1305. Macaulay’s v. NAL Merchant Bank Ltd. (1990) 4 NWLR (Pt. 144) 283 6. Egbunike v. A.C.B. Ltd. (1995) 2 NWLR (Pt. 375)347. A.C.B. Plc. v. Losada (Nigeria)Ltd. (1995)7 NWLR (Pt. 405) 26.

STATUTES REFERRED TO

None|

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