GALADIMA, JCA (Delivering the Leading Judgement): This is an appeal against the judgment of the Lagos High Court delivered by AGORO, J. on 13th March, 1990, in Suit No. LD/ 142/80. The Respondent as the plaintiff in the Court below brought an action against the Appellant who was the Defendant claiming the sum of N7,000,000.00 (SEVEN MILLION NAIRA) being loss suffered by the Respondent under a policy of Fire Insurance for loss of its drugs by fire accident in its warehouse.
Judgment was entered in favour of the Respondent in the sum of N6,999,500 with cost of N2,000. The Appellant was dissatisfied with the judgment and has appealed to this Court by filling 8 grounds of Appeal. It also formulated 5 issues for determination as follows:
“(i) On a balance of probabilities, was the learned trial judge correct in accepting the Plaintiff’s claim that it has N7,000,000 worth of drugs in its warehouse at the time of the fire?
(ii) Was the Plaintiff relieved of the need to comply with the Documenta…