The facts of this case are simple. The Plaintiff who is engaged in the business of shipping, warehousing, clearing and forwarding of goods entered into a contract with the Defendant, a transporter of goods. The contract was for the Defendant to transport some iron rods and bags of cement from the Warri Port to be delivered to the Fougerolle (Nig) Limited at Ajaokuta. It was alleged that those goods were not delivered, whereupon, the Plaintiff claimed for:

The Defendant contended that it delivered the goods and counterclaimed for N7,165.50 as special damages which he alleged the Plaintiff deducted from his entitlement and N88,924.44 as general damages which, however, did not add up to the N100,000.00 stated as the total counterclaim.

On 27 January, 1995, Narebor, J. sitting at the High Court, Warri, in an inordinately long judgment, having regard to the simple nature of the case, found for the Plaintiff and awarded damages as follows: