WILSON ETITI & ANOR V. PETER EZE OBIBI
August 6, 2025SUNDAY PIARO V. CHIEF WOPNU TENALO & ANOR
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11191
In the Supreme Court of Nigeria
Fri Dec 17, 1976
Suit Number: SC. 490/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
T. A. ACHONU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff insured his car with the defendant, an insurance company, for a comprehensive cover on a stated value of £700. The car was involved in an accident. The car suffered additional damage as a result of the civil war. The defendant then offered £175 as the cost for the repairs and as full and final settlement which the plaintiff accepted.
HELD
It was held that the defendant is presumed to have accepted the terms of the offer and so cannot claim again in respect of the same damage
ISSUES
Whether the defendant can lay further claim to the damage after receiving a lesser sum in full and final settlement
RATIONES DECIDENDI
SETTLEMENT OF CLAIM
If a claim under a policy is disputed and afterwards compromised by payment to the claimant of a lesser sum, which sum is acknowledged by the claimant to be received in full discharge and satisfaction of all claims whatsoever against the office, the settlement is binding on the claimant if he understood or being a person of ordinary intelligence must be presumed to have understood the nature of the transaction. SOWEMIMO, JSC
CASES CITED
NIL
STATUTES REFERRED TO
NIL
