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ROYAL EXCHANGE ASSURANCE NIGERIA PLC
V.
ANUMNU

(2002) JELR 44706 (CA)    

Court of Appeal  ·  CA/J/81/2000 ·  9 Dec 2002 ·  Nigeria
 · 
Other Citations
R.E.A.N. Pic v. Anumnu [2003] 6 NWLR (Pt. 815)pg.52
CORAM
OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
respondent
appeal
counsel
union bank
final judgment
issues
insurable interest
learned trial judge
grounds of appeal
gawo road
interlocutory decision
brief of argument
court of appeal act
interest of union bank
interlocutory matter
favour of the plaintiff
insurance company
insurance contract
leading judgment
notice of appeal
notice of preliminary objection
evidence of pw3
hearing of the appeal
insurance claim
learned justice of the supreme court
union bank of nigeria plc
value of the insured building premises
amended statement of claim
appellant d. d ohietan
bauchi state of nigeria
briefs of argument
counsel mr. madumere
exhibit pl
high court of justice
insured property
interest of the respondent
judgment of bala umar
leave of this court
order of this court
part of the insured property
policy numbers
respect of policy no. 734b
respondent's claim
rules of the court of appeal
said high court

NZEAKO, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Bala Umar, J., sitting at the High Court of Justice, Bauchi, Bauchi State of Nigeria delivered on 31st March, 1999.

The said High Court had given judgment in favour of the plaintiff/respondent in a claim for ₦250,070.00 special damages and ₦400,000.00 general damages for breach of contract. It awarded him ₦250,000.00 special damages.

The claim arose from an insurance contract whereby the respondent was said to have insured his premises at No. 2 Gawo Road, GRA Bauchi, against tornado, storm earthquake and other calamities, with the defendant/appellant, an insurance company.

The controversy arose between the parties when the appellant failed to pay the respondent's claim following a tornado and flood, said to have damaged the respondent's insured premises. The respondent claimed that he had to effect repairs at his own costs after the appellant, inspite of demands, refused to reinstate the damaged…

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