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AZIGBO BROTHERS LIMITED V. UNITED NIGERIA INSURANCE CO

(1972) JELR 40127 (SC)

Supreme Court  •  SC.277/1970  •  19 Jan 1972  •  Nigeria

Coram
IAN LEWIS JSC; CHARLES OLUSOJI MADARIKAN JSC; ATANDA FATAYI-WILLIAMS JSC; JSC;

Appearances
Mr. J.A. Cole For Appellant Mr. V. Sofola, (with him, Mr. B. Adeniyi) For Respondent

Judgement

SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): In our view the learned trial Judge rightly came to the conclusion that he did that the letter (Exhibit 3) the insurers (the respondents) wrote to the plaintiff was not repudiating the policy of insurance, but merely stating that they did not accept that the loss was covered by the policy. We accordingly see no merit in this appeal and it is dismissed with 30 guineas costs to the respondents.

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