Respondents sued the Appellants for the sum of 80,000 US Dollars as value of 400 bags of Gum Arabic Grade One. It was borne out of negligence of appellants in allowing water to soak the goods in a container while under shipment on a vessel MV "CHRISTIAN MAERSK 9506".

There was a contract of carriage of goods by sea as shown by bill of lading No. LOSE 11576, of 23rd February 1995.

The sum of 50,000 US Dollars was claimed as being the amount of damages for breach of contract. 92 US Dollars was also claimed along with the sum of 100,000 US Dollars for the loss suffered by the Plaintiff for deprivation of the benefit that would have accrued to him had the goods been sold at the prevailing market rate per kilo. Several other claims were made.

When the writ was served on the appellant, they asked for an order striking the name of the 1st Appellant from the suit. Respondent filed a counter-affidavit to this application.

A further affidavit was filed by the 2nd Appellant annexed to which were two documents in proof of the fact that the 1st Appellant and logo is a trade mark. A second motion was filed by the Respondent asking for

The two motions came up for hearing before Belgore C. J. and in his ruling given on 27th Sept, 1996 granted the leave to correct the name of the 1st Appellant trade name to its real name.

The application for Joinder of the 3rd, 4th & 5th Defendant was refused. The Appellant appealed against the order of the trial Court amending the name of the 1st Appellant to its real name.

Respondent had earlier on 2nd January 1996 filed a motion on notice asking the Court for an order amending the particulars of claim to include Abex Trading Limited being the consignee as the 2nd Plaintiff in the suit, the trial Court granted the application.

Appellant/Defendant through a motion on notice asked the trial Court for an order setting aside the above order. Plaintiff/Respondent filed a counter affidavit to the application to set aside the order. The motion was never taken by the Court.

Appellant with leave appealed to the Court of Appeal against the Order joining the 2nd Plaintiff and the motion to set aside. The order was by order of the Court of Appeal made part of the record of appeal. The 2 appeals were by order of the Court of Appeal consolidated. The parties filed and exchanges briefs of argument in respect of each brief. The Court of Appeal dismissed the appeals of the Defendant/Appellant.

That the arbitration expenses which are likely to be incurred should be borne by the two parties in the rate of 50 & 50.”

Dissatisfied the Appellant further appealed to the Supreme Court.