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
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
court of appeal
cause of action
contract of insurance
nigerian ports authority
statement of claim
learned trial judge
nigerian national shipping line
court of trial
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
effect of its failure
effect of the failure of the court
evidence of oral report of claim
federal high court
kernel of the argument of the appellant
loss of business
main defence of the defendant
officials of nigeria national shipping line
policy of insurance
refusal of the defendant
report of the alleged loss of the goods
report of the loss of the goods
state of the pleadings
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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