EDOKPOLOR & CO. LTD.V. BENDEL INSURANCE CO. LTD.
(1997) JELR 45458 (SC)
Supreme Court
•
SC.134/1990
•
31 Jan 1997
•
Nigeria
Coram
ABUBAKAR BASHIR WALI JSC;
IDRIS LEGBO KUTIGI JSC;
MICHAEL EKUNDAYO OGUNDARE JSC;
UTHMAN MOHAMMED JSC;
SYLVESTER UMARU ONU JSC;
Appearances
Rotimi Jacobs, Esq. For Appellant
O.A. Omonuwa, Esq. (with him,Udu Diegbe) For Respondent
Judgement
<p>I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the Federal High Court holden at Benin-City, the plaintiff's claims against the defendant as contained in para.22 of the Statement of Claim read thus - </p><p> "(i) The sum of N660,255.95 being the sum for which the goods were actually insured.</p><p> (ii) Interest at the rate of 10% until date of judgment having regard to the terms of the Policy No. MAR.4940/8/79 for which Certificate No.1162 was issued to plaintiff. </p><p> (iii) Compound interest at the rate of 10% until date of judgment having regard to the Bank interest being paid by the plaintiff."</p><p> After the filing and exchange of pleadings the case proceeded to trial. At the trial the plaintiff called four witnesses in support of his claims and tendered a number of documentary exhibits including a copy of the Marine Insurance Policy No.4940/8n9 issued by the defendant to the plaintiff (Exhibit N), the Certificate of Insurance No. 1162 (Exhibit C) and Bill of Lading (Exhibit A). The defendan…</p>