Cookie Policy
EDOZIE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Ojiako J, as he then was. The judgment was delivered on 24/11/87 at the Owerri High Court in Suit No. HOW/243/85.
The respondents were the plaintiffs in the court below while the appellant, an insurance company was the defendant. The 1st and 2nd respondent were, respectively the son and widow of one John Ekenma Ekeoma, hereinafter called the deceased or the insured. In 1983, the deceased took out a life insurance policy with the appellant company for the sum of ₦1,500.00 with the respondents as the beneficiaries. Following the death of the deceased, the respondents, commenced the action leading to this appeal. In their six paragraphed statement of claim they alleged in paragraph 5 thereof that the deceased died accidentally on 23/11/84 and pleaded a Medical Report dated 24/11/84. By reason of the accidental death of the deceased, they claimed to be entitled under the life policy to the sum of ₦6,5…