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INSURANCE BROKERS OF NIGERIA V. ATLANTIC TEXTILES MANUFACTURING COMPANY LIMITED

(1996) JELR 49056 (SC)

Supreme Court  •  SC.174/1987  •  27 Sep 1996  •  Nigeria

Coram
MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

IGUH, J.S.C. (Delivering the Leading Judgment): In the Ikeja Judicial Division of the High Court of Lagos State, the plaintiff instituted an action against the defendant claiming as follows:-

"The sum of N243,869.27 (Two hundred and Forty three Thousand, Eight Hundred and Sixty Nine Naira and Twenty-seven Kobo) being outstanding balance of premiums on various insurances effected at the request of the defendant by the plaintiff on defendant's goods, properties and personnel together with 6% interest per annum on the said sum from the 31st October 1982 until judgment is given in this Suit, which the defendant has refused and/or neglected to pay despite repeated demands."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

The pleadings filed by the parties in the cause appear markedly precise and brief. It is pertinent to set out paragraphs 3 to 8 of the Statement of Claim which, in the main, summarised the case for the plaintiff. These aver as follows -

"3. …

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