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INSURANCE PHB LIMITED v. ABASA NIGERIA ENTERPRISES LIMITED

(2016) JELR 91616 (CA)

Court of Appeal  •  CA/L/259/2014  •  21 Dec 2016  •  Nigeria

Coram
MOHAMMED LAWAL GARBA, JCA ONYEKACHI AJA OTISI, JCA JOSEPH E. EKANEM, JCA

Judgement

(DELIVERED BY ONYEKACHI AJA OTISI, JCA)

This appeal is against the judgment of the Federal High Court sitting in Lagos, Coram Honourable Justice M. D. Idris, FJ in Suit No FHC/L/CS/1248/2010, delivered on December 6, 2013 wherein judgment was entered in favour of the Respondent herein against the Appellant.

The facts leading to this appeal, in summary, are as follows: Sometime in February 2008, the Appellant and Respondent, entered into a Marine Insurance contract, to cover fertilizer products, which the Respondent bought from certain company known as Adan Trade Limited, based in the United Kingdom. The contract between Respondent and Adan Trade Ltd. made allowance for +/-5 percent forbearance on products to be supplied, in other words, the products to be supplied could be less 1,250 metric tons, which is the 5 percent of 25,000 metric tons. The Marine Insurance Policy was predicated on the sale invoice between Respondent and Adan Trade Ltd.; what was being insured were the goods to be …

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