Plaintiff/Appellant had sued the Defendant/Respondent claiming the total sum of N18,768.00 for value of two large sacks of assorted dressings delivered to the defendant for carriage by rail from Enugu to Jos which said goods the defendants wrongfully lost and failed to deliver to the plaintiff.

At the trial, plaintiff who testified and tendered documents. At the conclusion of addresses by both counsel, the learned trial judge in his judgment dismissed the plaintiff’s claim in its entirety.

The trial judge came to the conclusion that the defendant relied on the special statutory defence which limited the liability of the defendant

The plaintiff dissatisfied with the above decision has now appealed to this court.