THE BRITISH INDIA GENERAL INSURANCE COMPANY NIGERIA LIMITED V. A. THAWARDAS

A. O. OBASEKI, JSC (Delivering the Leading Judgment): The appellant herein was defendant in the court below, the High Court of Lagos State holden at Lagos against whom the respondent as plaintiff instituted these proceedings claiming by his writ of summons and the statement of claim

(1) The sum of 1225 pounds. (One Thousand Two Hundred and Twenty Five Pounds) being the insured value of the 165 cases of cartons of sardines insured with them;

(2) 5% interest on the said sum from the date of judgment until the whole judgment debt and costs have been liquidated.

Pleadings were, on the orders of the court below, filed and served and at the close of pleadings, the issues raised were tried. At the close of the trial, the learned trial Judge (Agoro, J.) allowed the claim in a considered judgment, the concluding portion of which reads:

I am satisfied upon the evidence before the court that the consignment of 165 cases of sardines insured for 1,225 pounds under the Certificate of Insurance (Exh…