This appeal is against the judgment of the Court of Appeal, Port Harcourt Division, delivered on 18/6/2009, which set aside the judgment of the High Court of Rivers State, Port Harcourt that dismissed the claims of the Respondent contained in the amended statement of claim dated 17/6/2003 at page 21 of the record as follows:

• i
  The sum of N 117,000.00 (One Hundred and Seventeen Thousand Naira) being the value of the goods damaged
• ii
  The sum of 4,700.00 (Four Thousand Seven Hundred Naira) being the cost of transport to and from Port Harcourt to Lagos.
• iii
  The sum of N 1,000,000.00 (One Million Naira only) being damages for loss of goodwill, loss of turnover on the goods and loss of profit.
• TOTAL N1,121,700.00

It is the fact that the Respondent on 28/7/2000 travelled in one of the Appellant's buses from Lagos to Port Harcourt with some goods she was to deliver to a customer but that the goods got damaged because of the negligence of the Appellant, who placed them in a place where heat from the engine of the bus damaged them. After the close of the trial, the trial Court dismissed the Respondent's suit in its judgment contained at pages 62-69 of the record.

Dissatisfied, she appealed to the lower Court, which allowed her appeal and granted her reliefs save relief (b) of Sub-paragraph (iii) of the amended statement of claim. Dissatisfied, the Appellant appealed to this Court.