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Crusader Insurance (Nig.) Ltd. v. Ephraim Okoye Anunike

(1975) JELR 45210 (SC)

Supreme Court  •  SC.83/1974  •  21 Mar 1975  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Judgment of the Court): The plaintiff, a trader, took out a Life Policy (Ex. 2) with the defendant, an insurance company, on 1st June, 1964. The Policy was to mature in 1994 for the assured sum of 2,000 (N4,000) with participation in profits. The agreed premium payable by the plaintiff to the defendant was 74.13.4 annually. The plaintiff paid the premiums due for three years, that is from 1st June, 1964 to 1st June, 1967. Under Condition 6 of the said Policy, it is provided, as a condition precedent, that the Policy shall be

"Free from all restrictions as to war, foreign residence, occupation or travel, including aviation, except as provided in these conditions, the special provisions as to the Schedule and any endorsement hereon."

Some time after the 30th May, 1967, the Military Governor of the former Eastern Nigeria announced that the former Eastern Nigeria had seceded from the Federation of Nigeria. Consequently and in order to preserve th…

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