A marine insurance policy was taken out by appellant with respondent for N660,225.95 covering the iron rods to be imported from West Germany. The policy stated that the goods were to leave from hamburg but eventually left from seville, spain. Lokewise, when the ship got to Koko port, it could not berth and left without discharging the goods.

Respondent called no witness but rested its case on that of appellant.

Trial court gave judgment for appellant for N660,225.95 being sum for which the goods were insured. Dissatisfied respondent went on appeal whereupon the Judgment of the trial court was set aside.

Appellant appealed to the Supreme Court.