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(1998) JELR 45593 (SC)    

Supreme Court  ·  SC.72/1992 ·  5 Jun 1998 ·  Nigeria
Other Citations
Ngillari v. N.I.C.O.N. (1998) 8 NWLR (Pt.560)1 (1998) 6 S.C 1
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
proposal form
additional statement
learned trial judge
court of appeal
contract of insurance
statement of claim
leading judgment
valid contract of insurance
head office
payment of premium
further payment of n2,694.30
marine insurance
exhibit d
following day
presence of the plaintiff
sum of n449.05
total premium
agreed sum
central issue
complete financial questionnaire form
date of judgment
findings of the trial court
laws of england
learned justices of the court of appeal
life insurance policy
mr. jesse james ngillari
said contract of insurance
court orders
currency of the contract of insurance
deceased die
deceased jesse ngillari
exhibit e.
favour of the appellant
following orders
insurance business
j. bornu state high court
judgment of the high court
letter of acceptance
payment of the deceased premium
said sum
s. a. onuh
such agent
view of the magnitude of the sum assured

KUTIGI, JSC (Delivering the Leading Judgment):- The plaintiff is the administrator of the estate of one Jesse James Ngillari, deceased, who died intestate in Maiduguri on 17/8/85. The defendant is a corporate body engaged in insurance business with its head office in Lagos and branches all over the country including Maiduguri.

On 1/3/84, the defendant's agent in Maiduguri, one S. A. Onuh, in the course of his duties as such agent, approached the deceased in the plaintiff's office. In the presence of the plaintiff, the agent advised the deceased to take out a combined Endowment/Life Insurance Policy with the defendant. Both the agent and the plaintiff assisted the deceased to complete the defendant's proposal form which the agent brought along with him. The deceased at the request of the agent also submitted a typewritten additional statement which together with the duly completed proposal form were handed over to the agent. He read them over and after satisfying himself as to their co…

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