<p><strong> BA’ABA JCA (Delivering the Lead Judgment): </strong> This is an appeal by the appellant who was the plaintiff against the judgment of the Kaduna State High Court, delivered by Abiriyi J., on the 20th day of December, 2002. The appellant took out an endorsed writ dated 10/1/2001 and by his paragraphs 19 and 20 of the amended statement of claim, the appellant claimed against the defendant now respondent as follows: “19(a) A declaration that the plaintiff is entitled to reap the benefits under the insurance claim No. F32551/00KD under which the defendant insured the building of the plaintiff situate and being located at No. 35, Kunai Street, Sabon Tasha, Kaduna.</p><p>(b) A declaration that the defendant’s policy issued to the plaintiff over the said house covered fire and tornado and that it was fire that burnt his said house. A declaration that the word ‘fire’ under the said policy had no other definition other than the ordinary meaning of fire. A A declaration that there was no civil disturbances in…</p>