MAHMUD MOHAMMED, C.J.N. (Delivering the Leading Judgment): The dispute between the Parties in this appeal started in the year 2000, when on 31/5/2000, the Respondent as Plaintiff took out a writ of Summons which was accompanied by a statement of claim at the High Court of Justice of Imo State at Owerri, claiming the sum of Six Million Naira only (N6,000,000.00) being the insured value of the vehicle less 5% and general damages for negligence in respect of the loss of its Toyota Land Cruiser Prado Jeep stolen by armed men at No. 6 Orlu Road, Owerri, Imo State and which vehicle was insured with the Appellant, which was the Defendant at the trial High Court.
The Defendant now Appellant, without filing statement of defence, after filing memorandum of appearance on 13/11/2000 and in apparent response to the Motion on Notice for Judgment filed by the Plaintiff at the trial Court, came up with a Notice of Preliminary Objection to the case against it in the following terms:-
"Take Notice tha…