CASE DIGEST - CONTRACT: PRIVITY OF CONTRACT; CONTRACTUAL TERMS; WHEN WILL THE COURT INTERFERE IN PARTIES' COMMERCIAL CONTRACTUAL TERMS?

SEEMS NIGERIA LIMITED v. SHARAF SHIPPING AGENCY LIMITED

COURT OF APPEAL NIGERIA

(LAGOS DIVISION)

(DANIEL-KALIO; OTISI; SIRAJO, JJ.CA)

Background Facts

Seems Nigeria Limited (Appellant) purchased a total 4380 sheets of standard Gypsum Board, at the total cost of US$15,321.24 from Shandong Baier Building Materials Company Limited based at Shandong, China. The Nigerian Naira equivalent of the cost of the consigned goods was N2,390,000.00. The cost of freight to ship the goods to Nigeria through Sunny Worldwide Logistics Shenzhen Limited was US$7,800.00, and same was packaged by Pingyi Baier International Import-Export Company Limited aboard the vessel Ocean Motor Vessel named CSAV Lingue/01114/S, owned by Compania Sud-Americana De Vapores S. A. (CSAV, S.A.). Sharaf Shipping Agency Limited (Respondent) was the Nigeria Shipping agent of the said company.