Royal Exchange Assurance Nigeria Plc. V. Michael G. Anumnu (2002)

LawGlobal-Hub Lead Judgment Report

NZEAKO, J.C.A.

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 N250,070.00 special damages and N400,000.00 general damages for breach of contract. It awarded him N250,000.00 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 premises or pay for its reinstatement.

Being dissatisfied with the judgment, the defendant has appealed to this court.

The appellant had filed 7 grounds of appeal by his notice of appeal filed on 1/4/99.

In accordance with rules of the Court of Appeal, counsel for both parties filed and exchanged briefs of argument.

Appellant’s brief filed on 27/3/2000 was by order of this court made on 3/5/2000 deemed properly filed and served within time.

The respondent’s brief filed on 23/11/2000 contained among other things, notice of preliminary objection. By reason of this, the appellant filed a reply brief on 6/9/2001 out of time with leave of this court granted on 13/11/2001.

At the hearing of the appeal, learned counsel for the appellant D. D Ohietan, Esq. adopted his brief of argument and urged the court to allow the appeal.

Leo Ebi, Esq., (holding the brief of C. Madumere, Esq) for the respondent also adopted his brief of argument together with the notice of preliminary objection contained in the brief. He urged the court to dismiss the appeal.

From the 7 grounds of appeal, the appellant has distilled 6 issues for determination, thus:-

“(a) Whether having regard to Decree 60 of 1991 and Decree 107 of 1993, the Bauchi State High Court had jurisdiction to entertain the plaintiff/respondent’s case it being an insurance claim.