Ratio Decidendi



UNITED NIGERIA INSURANCE CO.
V.
ADENE

(1971) JELR 45987 (SC)    

Supreme Court  ·  SC.17/05/1971 ·  17 May 1971 ·  Nigeria
CORAM
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
award
learned arbitrator
learned chief justice
mr. sofola
arbitration
december 23rd
learned trial judge
part ultra vires
arbitration proceedings
following terms
high court
inter alia
portion of the ruling of the learned chief justice
shortest possible time
22-ton vehicle
accident value of the vehicle
aftermath of the arbitration award
applications
arbitrator states
award of consequential damages
breach of contract
considered ruling
currency of the said policy of insurance
date of the said accident
defendant company
evidence of the award
failure of the insurance company
favour of the present respondent
final ruling
financial loss
first application
following grounds
hearing argument
instrument of his appointment
leading judgment
mr. tunde adewunmi
only ground
plaintiff claims
points of claim
road accident
said vehicle
second application
seeking leave
september 23rd
sole arbitrator
suit no. z
united nigeria insurance co. ltd.

MADARIKAN, JSC (Delivering the Leading Judgment): The appellants, the United Nigeria Insurance Co. Ltd., formerly known as the Northern Assurance Co. Ltd., were the defendants in the High Court, Kaduna, where the respondent had instituted an action, Suit No. Z/25/1967, against them on a writ which was indorsed as follows:

"The plaintiff's claim against the defendants is for the sum of 2,500 pounds, being damages for breach of contract in that the plaintiff insured his 22-ton vehicle, a Fiat 643T tractor KA 9899 and its body-trailer KA 9896, with the defendant company at Kaduna comprehensively and when the said vehicle was damaged in a road accident on September 3rd, 1966 on the Zaria-Kana road during the currency of the said policy of insurance the defendants refused to indemnify the plaintiff against the financial loss and damage occasioned by the said accident.

The defendants have refused to repair the plaintiff's said vehicle and have also refused to pay the plaintiff's loss of use…

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