The Appellants who were the Plaintiffs in the trial Court (federal High Court, Lagos) claimed from the Defendant/Respondent, a declaration that the Plaintiffs were entitled to the delivery of 109 cartoons (10.909 packs) of essential drugs as shown in invoice No. CWP93-070 of 16th February, 1993.

The said consignment was freighted to the Lagos sea ports from Republic of South Korea. The defendant was in custody and possession of the goods. They also sought an order releasing the said 109 cartoons of essential drugs to the Plaintiffs or. in the alternative, the sum of US $108.928.14 or its equivalent in Naira at the prevailing exchange rate at the time of the purchase of the drugs, N350,500.00 as special damages and N1,000.000 as general damages for the negligence of the Defendant in handling the consignment and for illegal and continued detention of the said drugs.

At close of trial, the learned trial Judge found in favour of the Appellants and held the Respondent liable as a bailee for the loss of the Appellants goods. Dissatisfied with the said judgment, the Respondent appealed to the Court of Appeal which allowed the Appeal and set aside the said judgment, hence the instant appeal to the Supreme Court.