COMMERCE ASSURANCE LIMITED V. ALHAJI BURAIMOH ALLI

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is a further appeal by the defendant/company, Commerce Assurance Limited, against the judgment of the Court of Appeal, Ibadan Division, which had dismissed his appeal against the judgment of an Ibadan High Court presided over by Ademakinwa, J. The claim before the learned trial Judge was against Commerce Assurance Co. Ltd. and was for the following reliefs:

(a) A declaration that the Defendant/Company should pay to the plaintiff the sum of N82,019.4lk (Eighty-two thousand and nineteen Naira and forty-one kobo) which said sum of N82,019.41 is the award made on the 19th of March, 1980 in connection with an Arbitration in which Chief H. Ayo Ogunfeibo, Legal Practitioner appointed by both the plaintiff and the defendant in respect of difference/dispute arising from a Comprehensive Insurance Policy No. MV078/IB covering the plaintiffs Trailer No. OD 149A for the period 27/4/76 to 26/4/77 which said vehicle was involved in a ro…