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JESSICA TRADING COMPANY LTD
V.
BENDEL INSURANCE COMPANY LTD

(2003) JELR 48022 (SC)

Supreme Court 29 Jan 2003 Nigeria
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- The appellant/applicant is seeking leave to amend the Notice and Grounds of Appeal, as well as the Plaintiff Writ and pleadings. - The appellant/applicant claims that the insurance loss has remained unpaid since September 1978 and that th

Case Details

Suit Number:SC.136/1990(R)
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA AGU Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria
Counsel:F.E. Ayanka-Wilson (Mrs) For Appellant R.I.I Ogbebor For Respondent

I. L. KUTIGI, J.S.C (Delivering the Lead Ruling): This is a Motion on Notice by the appellant/applicant praying this Court for-

"(a) Leave to amend the Notice and Grounds of Appeal filed on 27th January,1989, against the judgment of the Court of Appeal dated 11th November, 1988;

(b) leave to amend Plaintiff Writ and pleadings to enable plaintiff claim for his lost 13371 bags of granulated white sugar in the currency of USA dollars in which plaintiff prepaid the cost of his entire cargo of sugar;

(c) leave to argue points not taken in the Courts below:

(d) an order waiving the rules of Court so as to deem as properly Filed and served the Additional Appellant Brief now sworn along as Exhibit D herein, being substantially the same as was filed without leave of Court on 25/11/91.

And for such further and/or other orders as this Honourable Court may deem fit to make in the circumstances.

And further take notice that the applicant will at the hearing of this Motion rely on the Record of App…

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