ABUBAKAR SADIQ UMAR, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division (lower Court), delivered on 31st March, 2015 wherein the lower Court set aside the decision of the Trial Court which dismissed the claims of the Respondent. The Appellant, being dissatisfied with the decision of the lower Court, filed the instant appeal.
BRIEF FACTS
The fact of the case is simple and straightforward. The Appellant is an Insurance Company located in Lagos with a branch in Abuja while the Respondent is a proprietor of an office mart by the name "Betty Office Mart" located in Abuja. The Respondent took out a Burglary and House Breaking Insurance Policy with the Appellant in Abuja on 10th October, 2003. However, on the 3rd of April, 2004, a gang of armed robbers disguised as customers came into the Office Mart and brought out guns from the bags they were carrying. The armed robbers robbed the mart and carted away goods valued at about N10…