EDOKPOLOR & CO. LTD.V. BENDEL INSURANCE CO. LTD.

(1997) JELR 45458 (SC)

Supreme Court · SC.134/1990 · 31 Jan 1997 · Nigeria
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Other Citations

Edokpolor & Co v Bendel Ins. Co (1997) 2 NWLR (Pt.486) 131 (1997) All N.L.R 63

EdokpolorCo, Ltd. v. Bendel Ins. Co. (1997) 2 NWLR (Pt. 486) 131

CORAM

ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria

Core Terms ^Beta

vessel

goods

evidence

defendant

koko port

marine insurance act

court of appeal

issues

manos p

marine insurance policy

trial

western germany

exhibit n

insurance policy

statement of claim

brother kutigi

place of departure

sum of n660,255.95

trial court

date of judgment

lead judgment

learned trial judge

place sails

port of departure

certificate no.1162

insured voyage

marine insurance

said goods

a. b. wali

appeal of the defendant

certificate of insurance no.

complete agreement

copy of the marine insurance policy no.4940

cross-examination

defence of alteration of port

federal high court

i. l. kutigi

judgment of the trial court

lawful authority

leading judgment

marine policy

much ado

number of documentary exhibits

orders of the trial court

original route

stipulated port of loading hamburg

s. u. onu

terms of the policy no. mar.4940

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the Federal High Court holden at Benin-City, the plaintiff's claims against the defendant as contained in para.22 of the Statement of Claim read thus -

"(i) The sum of N660,255.95 being the sum for which the goods were actually insured.

(ii) Interest at the rate of 10% until date of judgment having regard to the terms of the Policy No. MAR.4940/8/79 for which Certificate No.1162 was issued to plaintiff.

(iii) Compound interest at the rate of 10% until date of judgment having regard to the Bank interest being paid by the plaintiff."

After the filing and exchange of pleadings the case proceeded to trial. At the trial the plaintiff called four witnesses in support of his claims and tendered a number of documentary exhibits including a copy of the Marine Insurance Policy No.4940/8n9 issued by the defendant to the plaintiff (Exhibit N), the Certificate of Insurance No. 1162 (Exhibit C) and Bill of Lading (Exhibit A). The defendan…