ADESANYA V. HOEGH & CO. AtS

• Pages: 247-254

ADESANYA V HOEGH & CO.

NS



247

The plaintiff/respondent, who argued his own appeal stated that the claim was

brought on the agreement exhibit E which the defendant executed in his favour for

the amount claimed and therefore section

11(2)

of the Legal Practitioner Act does

not apply. We think it unnecessary to decide the nature of the purported agree-

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ment but we are unable to hold from the writ of summons or from the evidence

of the plaintiff in the Customary Court that the action was based on the agreement

exhibit E. It was pure and simple an action for professional service rendered and

was not brought on the agreement (exhibit E).

This appeal will be allowed. Judgment of the ljebu Divisional Grade A Court

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is hereby set aside, and judgment dismissing the plaintiffs claim is hereby entered,

and this will be the judgment of the court. Costs in the courts below is paid to be

refunded. Appellant is entitled to the costs of this appeal which are assessed at

30 guineas.

Appeal allowed: Judgment of

Ijebu Divisional Grade "A" Court

set aside: Judgment dismissing

plaintiffs case entered.

ADESANYA V. HOEGH & CO. A/S

25 FASASI ADESANYA

(Trading under the name and

style of Negro Commercial

Agency)

V

30 LEIGH HOEGH & CO. A/S

SUPREME COURT OF NIGERIA

COKER,



J.S.C.

LEWIS,



J.S.C.

35



MADARIKAN,



J.S.C.

15th November, 1968.

APPELLANT

RESPONDENTS

SUIT NO. SC 374/1967

Commercial Law - Bill of Lading - Whether appellant consignee or endorsee

under S.1 of Bills of Lading Ac. 1855.

40

Words and Phrases - "Endorse"

ISSUES:

1.

What is the meaning of to "endorse"; and how may a bill of lading be endorsed?

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2. What is the effect of a bill of lading making goods deliverable "to order" or "to

order or assigns".

FACTS:

The plaintiff in Lagos arranged to purchase 1000 bags of Majestic Potatoes

from Messrs Awan Lee & Luba Company Limited in England through their agents.

50

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The sellers informed the plaintiff that the goods were to be shipped by M.V. Hoegh

Aurore and that the necessary documents would be presented to him through Bar-

clays Bank D.C.O., Marina, Lagos at sight first presentation. A bill of lading (Ex-

hibit 4) was issued by the seller's agents. Exhibit 4 showed on its face that 1000

bags of Majestic Potatoes were shipped by the agents under cool storage on M.V

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