(2021) JELR 108955 (CA)    
Court of Appeal  ·  CA/C/235/2018 ·  12 Nov 2021 ·  Nigeria
Mojeed Adekunle Owoade Justice of the Court of Appeal James Shehu Abiriyi Justice of the Court of Appeal Muhammed Lawal Shuaibu Justice of the Court of Appeal

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Cross River State delivered by Hon. Justice A. E. Ayade on 4th November, 2016 dismissing the defendant’s motion on notice praying for an Order of stay of proceedings of Suit NO. HC/73/2015 filed by the claimants thereat.

The claimants vide writ of summons and statement of claim respectively filed on 17/11/2015 claimed the following reliefs against the defendants:

1. A DECLARATION that the insurance policy entered into between the 1st claimant and the defendant was valid and subsisting at all material times to this action and that the 1st claimant was entitled to the full plenitude of medical treatment and evacuation/repatriation abroad covered under the terms of the policy.

2. A DECLARATION that the exclusionary change in the insurance policy was not applicable and effectual in so far as the medical report relied upon by the defendant to invalidate the policy did not…

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