Aiico Insurance Plc v. Mr. Gboyega Bello (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER CHUDI OBIORAH, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja, delivered on the 25th day of February, 2014 by Honourable Justice M. E. Anenih.

At the lower court, the respondent as plaintiff claimed against the defendant/appellant as follows:

i. The sum of N1,226,000.00 (One Million, Two Hundred and Twenty Six Thousand Naira) only being the premium paid for the life insurance policy the plaintiff executed with the defendant.

ii. Interest at the rate of 10% per annum on the judgment sum until judgment is executed.

The suit was brought under the undefended list procedure. The appellant did not file any notice of intention to defend the suit but rather filed a notice of preliminary objection which the lower court disposed of and proceeded to give judgment in favour of the respondent.

The appellant is vexed with the said judgment and has appealed against same to this honourable court.

The record of appeal was transmitted on 25/1/2016 but deemed properly transmitted on 25/9/2018. Subsequently, the appellants brief of argument was filed on 2/2/2016 and deemed properly filed on 25/9/2018.

The respondent filed his brief of argument on 8/2/2019 and deemed properly filed on 9/1/2024, as well as, a notice of preliminary objection to the competence of this appeal.

The appellant filed a response to the preliminary objection on 6/2/2023.

At the hearing of the appeal on 11/3/2024, the appellants counsel, Ademola Adewoye, Esq. and the respondents counsel, Samuel Ogala, Esq. adopted and relied on their respective briefs of argument.

The respondents counsel equally adopted his notice of preliminary objection which he argued in the respondents brief of argument. Good and established procedure demands of me to deal with the preliminary objection before delving into the merit of the appeal and I shall proceed in that fashion.

Notice of preliminary objection

The substance of the preliminary objection is that the lower court delivered a ruling on the preliminary objection filed by the appellant at the trial court on 13th day of February, 2014 and thereafter, the judgment in the case on 25th February, 2014, and that the appellant filed its notice of appeal on 14th March, 2014 containing three grounds of appeal against both the ruling and judgment of the court.