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THE UNITED NIGERIA INSURANCE CO. LTD V. LEANDRO STOCCO

(1973) JELR 38433 (SC)

Supreme Court  •  SC.118/1971  •  16 Mar 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; DAN IBEKWE JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal against the judgment of Dosunmu, J., in the High Court of Lagos delivered on September 28,1970 in which the learned trial Judge granted the plaintiff leave to enforce the award of John Graham Bentley, dated June 24, 1970 in the sum of 25,000pounds (N50,000) and dismissed defendants' application to have the said award set aside or remitted back to the arbitrator.

The facts of the case were as follows:

"By virtue of a contract of insurance under Personal Accident Policy No. PA. 60007/FRO entered into between the plaintiff, a registered medical practitioner in Nigeria, and the defendants, an Insurance Company Registered in Nigeria, the amount insured was 50,000pounds payable to the plaintiff or his representatives in the event of his death or permanent disablement arising from injuries as set out in the schedule to the policy. That schedule also contains provisions for compensation payable in respect of lesser but s…

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