ROYAL DUTCH AIRLINES (KLM) AND ANOTHER vs. FARMEX LTD

JUDGMENT OF ADADE AG CJ. The facts relevant to this appeal are set out in detail in the judgment of my brother Aikins JSC. I need not repeat them. I agree also with his conclusions. I would only add a few lines in Support. As regards the liability of the first defendants, Royal Dutch Airlines (KLM), I have not the slightest doubt. The plea that the contract was duly performed when the consignment was deposited at the Kano Airport cannot stand up to much examination. On their own showing, the first defendants knew that the final destination of the consignment was not Kano, but London. Not only that, how the goods were to get to London was also expressly stated on the air waybill (AWB), exhibit 2, which accompanied the goods, and which was in the possession of the first defendants. Both defendants are experienced and reputable international air carriers. They use and handle hundreds of air waybills daily in the course of their operations, and are more than familiar wit...