ALHAJI MUSTAFA ALI VS MRS. A. A ALLEN
September 2, 2025PAUL ONOCHIE AND ORS VS THE REPUBLIC
September 2, 2025Legalpedia Citation: (1966-03) Legalpedia 75104 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Mar 25, 1966
Suit Number: SC 583/1964
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
NORTHERN ASSURANCE COMPANY LTD
APPELLANTS
STEPHEN IDUGBOE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff/respondent commenced an action against the defendant Company, who are the appellants in the High Court of Western Nigeria on the 9th of December, 1963, claiming £1,200 under an alleged policy of insurance.
leged policy of insurance.
HELD
That filling up the form they were the agents of the person making the proposal, that is, the plaintiff.
ISSUES
Whether there was a material non-disclosure of fact on the proposal form which formed the basis of the contract?
RATIONES DECIDENDI
DUTY OF AGENTS OF AN INSURANCE COMPANIES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
‘The agent of an insurance company cannot be treated as their agent to invent the answers to the questions in the proposal form; and that, if he is allowed by the proposer to invent the answers, and to send them as the answers of the proposer, the agent is, to that extent, the agent, not of the insurance company, but of the proposer.’ -Per Onyeama, J.S.C.
CASES CITED
Newsholnre Brothers v. Road Transport & Co. Ltd. [ 1929] 2 K.B. 356
Golding v. Royal London Auxiliary Insurance Co. Ltd. (1914) 30 T.L.R. 350
STATUTES REFERRED TO
