HUSSEIN MUKHTAR J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Federal High Court, Lagos Division (Coram Dan Abutu, J) delivered on the 9th August 1999, wherein the learned trial Judge refused the appellant's application to amend its statement of defence in line with paragraphs 6 and 7 of the 4th amended statement of defence (a copy or the 4th amended statement of defence is on page 67 of the records.)
The plaintiffs claim against the defendant is for the sum of (US$ 2,170,951.41) two million, one hundred and seventy thousand, nine hundred and fifty one dollars and forty one cents and (N=4,806,055.64) four million, eight hundred and six thousand, fifty five naira and sixty four kobo as special and general damages for breach of insurance contract of indemnity in respect of the plaintiff's self elevating work boats "MV RUTH" and "'MV STELLA."
The plaintiff also claims interest in the sum of (US$451,451.41) four hundred and fifty one t…