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INDUSTRIAL AND GENERAL INSURANCE COMPANY LIMITED V. KECHINYERE ADOGU (MRS.)

(2009) JELR 47227 (CA)

Court of Appeal  •  CA/A/96/07  •  12 Jun 2009  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; OYEBISI FOLAYEMI OMOLEYE JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Honourable Justice O.O. Goodluck, of the High Court of the Federal Capital Territory, Abuja, delivered on the 6th of November, 2006 whereby the Court refused to set aside the arbitral award made by an arbitral panel, thereby affirming the arbitral award.

The facts of the case can be summarized as follows:

On the 18th of December 2002, the Respondent entered into a contract of insurance with the Appellant to cover her Mercedes E240 against the incidence of loss of Seven Million, Eight Hundred Thousand Naira (N7, 800,000.00) only. The premium was fixed at Five Hundred and Twenty Thousand Naira (N520, 000.00) only. On the same day, the Respondent paid the sum of Two Hundred and Twenty Thousand Naira (N220, 000.00) only, leaving out the balance of Three Hundred Thousand Naira (N300, 000.00) only.

However, on the 15th of February, 2003, the said insured car was robbed at gun point in fr…

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