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UNITY KAPITAL ASSURANCE PLC V. AKUT INVESTMENT LIMITED

(2012) JELR 35113 (CA)

Court of Appeal  •  CA/L/1202/2010  •  1 Jun 2012  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA IBRAHIM M. MUSA SAULAWA JCA RITA NOSAKHARE PEMU JCA

Appearances
C. I. C. Chikwendu with K. Onunwa For the Appellant; F. E: Eke with G.T. Saiki For the Respondent.

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The Respondent (who was the plaintiff in the court below) commenced an action under the Undefended List against the Appellant's predecessor-in-title (Global Commerce and General Assurance Limited) as the 1st Defendant. On 16th March, 2005, the said Global Commerce and General Assurance Limited issued a comprehensive insurance policy No. PM/HO/001362/B through an insurance broker, Linear Insurance Brokers Ltd (2nd Defendant) to Akute Investments Limited in respect of its Honda Accord V6 car with registration No. BG 87 FKJ for the period of 16th March, 2005 to 15th March, 2006. On 9th October, 2005 the car was snatched from its managing director by armed robbers. The Respondent claimed it gave notice of the loss of the car to the Appellant through the 2nd Defendant before issuing the writ of summons under the undefended list against the 1st and 2nd Defendants jointly and severally to recover:

"(a) The sum of N3, 600,000.00 (…

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