MOHAMMED, J.C.A. (Delivering the Leading Judgment): The dispute between the parties in this appeal started at the High Court of Justice Kano State sitting at Kano where by a writ of summons dated 3/3/93, the plaintiff claimed against the defendant the sum of N1,030,800.00 (One Million, Thirty Thousand and Eight Hundred Naira) being the cost/value of the plaintiff's textiles goods lost during the riot in Kano on 15/10/1991 and which risk the defendant insured and covered by its policy No. 4k590 112 which is a contract of indemnity and which amount the defendant had failed, refused and neglected to settle inspite of repeated demands. After the exchange and settlement of pleadings, namely, statement of claim, statement of defence and a reply thereof between the parties, the case came before Nuhu Galadanci J. of the Kano High Court for hearing.
In the course of hearing, after the plaintiff had called evidence in proof of its claim and closed its case, the defendant without calling any wi…