(1997) JELR 45458 (SC)    
Supreme Court  ·  SC.134/1990 ·  31 Jan 1997 ·  Nigeria
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
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
koko port
marine insurance act
court of appeal
manos p
marine insurance policy
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
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…

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