(1975) JELR 45210 (SC)    

Supreme Court  ·  SC.83/1974 ·  21 Mar 1975 ·  Nigeria
Other Citations
(1975) 1 All N.L.R 96 (1975) 3 S.C. 51
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
1st june
defendant company
surrender value
learned trial judge
11th december
statement of claim
terms of the contract
compound interest
contract of insurance
judgment of the court
life policy no. n
lord wright
unpaid premiums
a. fatayi-williams
agreed premium
assured sum
branch office
circumstances of the war
condition precedent
contractual relationship
eastern states
end of the civil war
fibrosa case
final result
first time frustration
further answer
ground of misrepresentation
insurance companies
insurance company
life policy
lord mansfield
mr frank buckle
peculiar circumstances of this case
present case
risk of the plaintiff
said policy
said policy of assurance
said statement of claim
short point
special provisions
support of his claim
surrender value of the policy
useful purpose
utmost importance
view of the provisions of the banking obligations

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Judgment of the Court): The plaintiff, a trader, took out a Life Policy (Ex. 2) with the defendant, an insurance company, on 1st June, 1964. The Policy was to mature in 1994 for the assured sum of 2,000 (N4,000) with participation in profits. The agreed premium payable by the plaintiff to the defendant was 74.13.4 annually. The plaintiff paid the premiums due for three years, that is from 1st June, 1964 to 1st June, 1967. Under Condition 6 of the said Policy, it is provided, as a condition precedent, that the Policy shall be

"Free from all restrictions as to war, foreign residence, occupation or travel, including aviation, except as provided in these conditions, the special provisions as to the Schedule and any endorsement hereon."

Some time after the 30th May, 1967, the Military Governor of the former Eastern Nigeria announced that the former Eastern Nigeria had seceded from the Federation of Nigeria. Consequently and in order to preserve th…

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