CORAM

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

ABIMBOLA OSARUGUE OBASEKI – ADEJUMO FHC

RAPHAEL CHIKWE AGBO

GEORGE ADESOLA OGUNTADE JSC (Lead Judgment), JUSTICE SUPREME COURT

A.I. IGUH

PARTIES

EGBUCHULEM MADUMEREOKEREKE IGWEANYA MICHEAL OKEREKE (For themselves and on behalf of members of Umunnam kindred in Ogberuru, Orin Judicial Division) APPELLANTS

OLE OKAFOROKEREKE EMEROLE (DECD.)FESTUS OKORIE IKEJIOBI OGBUJIURENTA IROCHURUBA (DECD.) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff had an arrangement as a brokerage house with the defendant company to secure insurance policy covers on credit basis for the defendant’s motor vehicles, machineries, plants and various other properties. They claimed the sum of N243,869.27 being outstanding balance of premiums on various insurances effected at the request of the defendant by the plaintiff on defendant’s goods, properties and personnel

HELD

This appeal accordingly succeeds and it is hereby allowed. The decision of the trial Court is hereby restored together with the order for costs therein made. The appellant is entitled to the costs of this appeal against the respondent which I fix at N1,000.00 in this Court and N500.00 in the Court below.

ISSUES

Whether on the pleadings and evidence, the court below was right in holding that the appellant had not proved its claim

RATIONES DECIDENDI

CASES CITED

Kodilinye v. Mbanefo Oda (19 35)2 WACA 336at337,|Frempong v. Brempong (1952) 14 WACA 13 etc|Akunwata Nwagbogu v. Chief 0go lberiako (1972) 1 All NLR 200,|Josiah Akinola v. Oluwo (1962) 1 SCNLR 352; (1962) 1 All NLR 225,|Oduaran v. Asarah (1972) 1 All NLR (Pt 2) 137.|See Akinloye and Another v. Eyiyola and others (1968) NMLR 92 at 95,|Enang v. Adu (1981) II -12 SC. 25 at 39,|Woluchem v. Gudi (1981) 5 SC. 291 at 320

STATUTES REFERRED TO

None.|

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