LEADWAY ASS. CO. LTD.
V.
ZECO NIG. LTD.

(2004) JELR 44977 (SC)    

Supreme Court  ·  SC.4/2000 ·  16 Apr 2004 ·  Nigeria
 · 
Other Citations
Leadway Ass. Co. Ltd. v. Zeco (Nig.) Ltd. (2004) 11 NWLR (Pt.884)316 (2004) 18 NSCQR 394
Leadway Ass. Co. Ltd. v. Zeco (Nig.) Ltd. (2004) 11 NWLR (Pt. 884) 316
CORAM
IDRIS LEGBO KUTlGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
defendant
plaintiff
evidence
court
court of appeal
cause of action
contract of insurance
nigerian ports authority
statement of claim
trial court
katsina-alu
learned trial judge
nigerian national shipping line
central issue
court of trial
leading judgment
oral report of the loss
report of a claim
report of claim
assistant claims manager of defendant
concurrent findings of fact
contents of the statement of claim
days of the discharge of the goods
decision of the learned trial judge
deutsche mark
effect of its failure
effect of the failure of the court
evidence of oral report of claim
federal high court
following terms
import duties
insurable interest
kernel of the argument of the appellant
loss of business
main defence of the defendant
officials of nigeria national shipping line
policy of insurance
port harcourt
port-harcourt wharf
refusal of the defendant
report of the alleged loss of the goods
report of the loss of the goods
respondent ought
said exhibit
state of the pleadings
sub-section
total business collapse of the plaintiff
value of the goods

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The plaintiff's claim against the defendant at the Federal High Court, Kaduna was in the following terms:

(a) DM 111,638.80 Deutsche Mark or N6,698,280 its naira equivalent at the current exchange rate of N60.00 to DM1 being the value of the goods insured with the defendant but not delivered to the plaintiff.

(b) N150,000.00 being the amount the plaintiff paid for clearance and import duties for the goods imported and insured with the defendant.

(c) N2,000,000.00 being general damages for the embarrassment and loss of business due to non-payment by the plaintiff to the manufactures for goods supplied occasioned by the refusal of the defendant to pay the plaintiff which led to almost total business collapse of the plaintiff.

(d) DM 41,045.48 being value of goods packing and sea freight as per invoice numbers 26824,26825 and 96296.

The main defence of the defendant was that no report of the alleged loss of the goods insured was ma…

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