NATIONAL INSURANCE CORPORATION OF NIGERIA V. POWER & INDUSTRIAL ENGINEERING COMPANY LIMITED

AKPATA, J.C.A. (Delivering the Leading Judgment): The main issue, which is intriguing, raised by this appeal is whether a person interested in a judgment by a Court may apply by originating summons to another Court of coordinate jurisdiction to resolve any question of construction arising in the judgment.

As far back as 1978 the first respondent as plaintiff instituted an action at the Federal High Court (then Federal Revenue Court) against the appellant as defendant upon a contract of Marine Insurance for the sum of ₦1,231,359.00 being the cost of the cargo of rice insured with the defendant. Judgment was entered for the plaintiff by Belgore, J. (as he then was) on 19th November, 1981 for the entire sum claimed with interest at the rate of 10% from 23/5/78.

The defendant appealed against the judgment and then filed an application for a stay of execution. The application was taken by Anyaegbunam, C. J., of the same Court on 27th January 1982 and ordered with the consent of parties, "t…