ROYAL EXCHANGE ASSURANCE NIGERIA PLC
V.
ANUMNU
·
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…