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CaseLaw

Nig. Gen. Ins Ltd V. Emoh (1990) CLR 6(b) (CA)

Brief

  • General and special damages
  • Damages in contract
  • Insurance contract
  • Pleadings

Facts

The claim of the plaintiffs against the defendants is for the sum of N74, 123.35 being the value of stolen drugs as contained in the list, Annexure A for which the defendants were to indemnify them as per the provisions of Policy No. BO/6/2237/N of the 21st of June 1978. The claim arose from refusal to honour the indemnity agreed upon by the parties under a Theft Insurance Policy No. BO/6/2237/N. Following a report of theft at the store of the plaintiffs, the list and value of the drugs stolen being as in Annexure A, the defendants denied liability after their Loss Adjuster had reported that the plaintiffs failed to keep stock and sales records, and also did not keep them in a fire proof safe, as provided for in the Policy. There was also no evidence of forcible entry into the store of the plaintiffs. After due trial Olorunnimbe, J entered judgment for the plaintiffs as claimed. Being dissatisfied with the judgment, the defendants appealed.

Issues

  • i.
    Whether the plaintiffs/respondents proved their case and were entitled...
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