Before Their Lordships
OLABODE RHODES-VIVOUR, Justice of the Supreme Court of Nigeria
CHIMA CENTUS NWEZE, Justice of the Supreme Court of Nigeria
AMIRU SANUSI, Justice of the Supreme Court of Nigeria
EJEMBI EKO, Justice of the Supreme Court of Nigeria
UWANI MUSA ABBA AJI, Justice of the Supreme Court of Nigeria
Between
ENL CONSORTIUM LIMITED Appellant
And
DUNASULU BROTHERS NIGERIA LIMITED Respondent
…………………….A…………………….
SANUSI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos division delivered on the 5th of May, 2015 which partially allowed the appeal.
Background Facts:-
The respondent hired the appellant for delivery of its goods which according to the respondent, consist of 136 bundles of hot rolled steel to its premises at Effurun Warri, Delta State. The respondent paid to the appellant the sum of N2,048,895.00 for the service. Thereafter the appellant notified the respondent through Delivery Tally Sheet that it has delivered its imported goods to its premises at Effurun. After the inspection of the goods delivered,the respondent alerted the appellant that it delivered 48 bundles of a cheaper product belonging to another company. The respondent stated further, that after several attempts through its solicitors to the appellant to remove them to its premises the appellant refused to do so till date, hence an action which resulted in the instant appeal, was instituted at the trial court. The appellant, upon being served with the originating process filed its statement of defence and a motion dated 19th November, 2013 praying for the dismissal of action. The application was heard on the 7th of May, 2013 wherein ruling was delivered on the 12th June, 2013 dismissing the appellant’s application as unnecessary. Meanwhile, the suit was first filed at the High Court of Lagos State for breach of contract but the appellant filed a notice of preliminary objection challenging the jurisdiction of the Lagos state High Court to entertain the action which it claimed was a suit relating to admiralty.
…………………….B…………………….
Consequent upon the appellant’s objection, the respondent withdrew the suit and refiled it at the Federal High Court and the appellant yet again filed another application for its dismissal, that decision again gave rise to this appeal.
