British American Insurance Company Nigeria Limited V. Matthew Ekeoma & Anor (1994)

LawGlobal-Hub Lead Judgment Report

EDOZIE, J.C.A.

This is an appeal against the judgment of Ojiako J, as he then was., The judgment was delivered on 24/11/87 at the Owerri High Court in Suit No. HOW/243/85.

The respondents were the plaintiffs in the court below while the appellant, an insurance company was the defendant. The 1st and 2nd respondent were, respectively the son and widow of one John Ekenma Ekeoma, hereinafter called the deceased or the insured. In 1983, the deceased took out a life insurance policy with the appellant company for the sum of N1,500.00 with the respondents as the beneficiaries. Following the death of the deceased, the respondents, commenced the action leading to this appeal. In their six paragraphed statement of claim they alleged in paragraph 5 thereof that the deceased died accidentally on 23/11/84 and pleaded a Medical Report dated 24/11/84. By reason of the accidental death of the deceased, they claimed to be entitled under the life policy to the sum of N6,500.00 particularised in paragraph 6 of the statement of claim as follows:-

“6. The plaintiffs’ claim against the defendant is as follows:-

(a) Accidental claims under first Degree N1,500 x 2 -N3,000.00

(c) Accidental Death dis-membership (sic) N2,000.00

Accident injury policies N1,500.00

Total N6,500.00

The appellant, in its 11 paragraphed statement of defence admitted that the deceased had a life policy with it in favour of the respondents. In paragraph 3 of the statement of defence, the appellant company denied that the death of the insured was accidental within the purview of the terms of the policy. It alleged that the death of the deceased was non accidental and that the respondents were entitled only to the sum of N1,500.00 and furthermore that the respondents were offered this amount which they refused to accept.

At the trial, the respondents called an expert witness, a medical doctor. Dr. V.C. Onuoha (P.W.1) to establish that the death of the deceased was accidental. The appellant also called one expert witness, a medical doctor viz Dr. R.C. Okoli (D.W.1) to prove that the death of the deceased was non-accidental. The appellant’s staff manager, Mr. Hyginus Ohaji (D.W.2) tendered the deceased’s life policy which was admitted as Exh B. He sought to tender a letter allegedly written by the 1st respondent to the appellant to report the death of the deceased. The letter was rejected following an objection by the respondent’s counsel on the ground that the 1st respondent did not sign the said letter. The D.W.2 further testified that the respondent’s entitlement if the deceased died a natural death was N1,500 and that since the policy was taken on 1st December, 1983 and was under one year before his death, the beneficiaries are only entitled to N1,500.00 even on accidental death of the deceased.

On the agreement of both counsel for the parties, one Innocent Onwuegbuchulam presumably an insurance expert was called to testify on the entitlement of the respondents under the policy Exh B. He confirmed that the amount payable under the policy for natural death was N1,500.00 and N6,500.00 in the case of accidental death.

At the conclusion of the trial, the learned trial Judge entered judgment for the respondents in term of their claims.

Dissatisfied with the judgment the appellant has appealed against it. There are six grounds of appeal subjoined to the notice of appeal.

The six grounds without their particulars read as follows:-