Before Their Lordships
Abubakar Bashir Wali Justice of The Supreme Court of Nigeria
Idris Legbo Kutigi Justice of The Supreme Court of Nigeria
Michael Ekundayo Ogundare Justice of The Supreme Court of Nigeria
Uthman Mohammed Justice of The Supreme Court of Nigeria
Sylvester Umaru Onu Justice of The Supreme Court of Nigeria
Between
EDOKPOLOR & CO LTD ……………………………………….. PLAINTIFF/APPELLANT
AND
BENDEL INSURANCE CO LTD ………………………………………. DEFENDANT/RESPONDENT
…………………….A…………………….
Kutigi, JSC (Delivered The Leading Judgment):– In the Federal High Court holden at Benin-City, the plaintiff’s claims against the defendant as contained in paragraph 22 of the Statement of Claim read thus:-
“(i) The sum of N660,255.95 being the sum for which the goods were actually insured.
(ii) Interest at the rate of 10 percent until date of judgment having regard to the terms of the Policy No MAR. 4940/8/79 for which Certificate No 1162 was issued to plaintiff.
(iii) Compound interest at the rate of 10 percent until date of judgment having regard to the bank interest being paid by the plaintiff.”
After the filing and exchange of pleadings the case proceeded to trial. At the trial the plaintiff called four witnesses in support of his claims and tendered a number of documentary exhibits including a copy of the Marine Insurance Policy No 4940/8/79 issued by the defendant to the plaintiff (Exhibit ‘N’), the Certificate of Insurance No 1162 (Exhibit ‘C’) and Bill of Lading (Exhibit ‘A’). The defendant called no witness. It rested its case on that of the plaintiff. Counsel on both sides addressed the court. In a reserved judgment the learned trial Judge concluded on page 104 of the record as follows:-
“In conclusion I am not satisfied and hereby disallow all claims for interest until date of judgment, but hereby give judgment for the plaintiff against the defendant in the sum of N660,255.95 being the sum for which the goods were insured and with costs assessed at N2,000.”
Dissatisfied with the judgment of the trial court, the defendant appealed to the Court of Appeal. Two issues were submitted for determination thus:-
