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NATIONAL INSURANCE CORPORATION OF NIGERIA
V.
POWER & INDUSTRIAL ENGINEERING COMPANY LTD

(1989) JELR 42837 (CA)

Court of Appeal 18 Oct 1989 Nigeria
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- The appellant, after losing at all appellate levels in a marine insurance case originally decided by the Federal High Court, sought interpretation of the judgment via originating summons in the Lagos State High Court, invoking Order 44 of

Case Details

Suit Number:CA/L/226/87
Judges:EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Court of Appeal of Nigeria BOLARINWA OYEGOKE BABALAKIN Justice of The Court of Appeal of Nigeria FRANCIS OLISA AWOGU Justice of The Court of Appeal of Nigeria
Counsel:T. A. Molajo For Appellant Kehinde Sofola, S.A.N. (with him, Miss S. E. Ekpe, Miss D. A Obaseki and B. D. Sonton) For Respondent
Other Citations:NICON. v . P.I.E. Co. Ltd. (1990) 1 NWLR (Pt.129)

AKPATA, J.C.A. (Delivering the Leading Judgment): The main issue, which is intriguing, raised by this appeal is whether a person interested in a judgment by a Court may apply by originating summons to another Court of coordinate jurisdiction to resolve any question of construction arising in the judgment.

As far back as 1978 the first respondent as plaintiff instituted an action at the Federal High Court (then Federal Revenue Court) against the appellant as defendant upon a contract of Marine Insurance for the sum of ₦1,231,359.00 being the cost of the cargo of rice insured with the defendant. Judgment was entered for the plaintiff by Belgore, J. (as he then was) on 19th November, 1981 for the entire sum claimed with interest at the rate of 10% from 23/5/78.

The defendant appealed against the judgment and then filed an application for a stay of execution. The application was taken by Anyaegbunam, C. J., of the same Court on 27th January 1982 and ordered with the consent of parties, "t…

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