CORAM
ALEXANDER, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
THE BRITISH INDIA GENERAL INSURANCE CO (NIGERIA) LTD
APPELLANTS
A. THAWARDAS
RESPONDENTS
AREA(S) OF LAW
INSURANCE LAW /DAMAGES – CARRIAGE OF GOODS
SUMMARY OF FACTS
The Plaintiff a merchant insured 165 cases of sardines shipped from Las Palmas against all risk with the Defendant (an Insurance Company) upon arrival of the ship at Lagos port, his goods was not found, he reported to all authorities concerned including the Defendant who promised to settled his claim but failed to so do.
HELD
The Court held that the learned trial Judge was fully justified to have found and said as he did –
“I am satisfied upon the evidence before the court that the consignment of 165 cases of sardines insured for £1225 under the Certificate of Insurance (Exhibit D) issued by the Defendant company have not been delivered to the insured and non delivery of the goods was one of the risks covered by the policy of insurance Exhibit C also issued by the Defendant company.”
We therefore see no substance in this appeal and we hereby dismiss it with costs to the respondent assessed at N140.00.
ISSUES
Whether an insurable interest exist.
RATIONES DECIDENDI
INADMISSIBLE EVIDENCE
“It is of course the duty of counsel to object to inadmissible evidence and the duty of the trial court any way to refuse to admit inadmissible evidence, but if not withstanding this evidence is still through oversight or otherwise admitted then it is the duty of the court when it comes to give judgment to treat the inadmissible evidence as if it had never been admitted.” Per Obaseki J.S.C.
CONTRACT OF INSURANCE
“In the absence of any provision to the contrary, express or implied, every contract of insurance is presumed to be made subject to proof of such interest as the law requires.” Per Obaseki J.S.C.
CASES CITED
National Investment and Property Co. Ltd. v. Thompson Organization Ltd. & 2 Ors (1969) 1 All NLR 138 at 142;
Aniemeka Emegokwe v. James Okadigbo (1973) 4 S.C. 113 at 117.
Chief Okparaoke etc. v. Obidike Egbuonu & Ors (1941) 7 WACA 53 at 55
Macauva v. Northern Assurance Company (1925) AC 619 at 631
STATUTES REFERRED TO
Marine Insurance Act, 19