spot_img

Court Of Appeal Dismisses AIICO Insurance Plc Suit, Awards N500,000 To Policy Holder

Date:

Share:

- Advertisement -

A Court of Appeal sitting in Abuja has dismissed the appeal by AIICO Insurance Plc against a policy holder as it upheld the judgment of a High Court of the Federal Capital Territory given by Justice M.E. Anenih in Suit No. CV/225/20212 delivered on 25 February, 2014.

In a unanimous decision by the Court of Appeal in Abuja, Justice Peter Chudi Obiorah, who delivered the lead judgment, also awarded N500,000 in favour of the policy holder, Mr. Gboyega Bello, as cost of legal process, praising the Abuja High Court that had originally entertained the suit for “being alive to the hallowed duty to render justice to the parties fairly and keeping faith with the rule of court.”

AIICO Insurance’s appeal was statue bound and Justice Anenih had dismissed the preliminary objection of the Appellant challenging the jurisdiction of the court to entertain the suit under the undefended list.

By the judgement of Appeal Court in Abuja which held on Wednesday 15 May, 2024, AIICO Insurance Plc would also refund N1,226,000 being premium paid for a life insurance policy to Bello, including payment of interest at the rate of 10% per annum on the sum from 7 March, 2014 up until judgment is executed.

Also Read:  PDP CRISIS: Beg For Pardon If You Don't Want To Resign, Ortom Tells Ayu

Justice Joseph Olubumi kayode Oyewole stated in his review of the judgment by the lead judge that he found no “justification to disturb the judgement of the lower court”, saying that he adopted the consequential order in the leading judgment.

Similarly, Justice Okon Efreti Abang, also of the Appeal Court in Abuja, stated in his review of the leading judgment by Justice Chudi Obiorah that he was in “agreement with the reasoning and conclusions made” by the justice and adopted it as his.

Justice Okon Efreti Abang added: “I agree that the appeal lacks merit and it is accordingly dismissed by me. I abide by the consequential order made by way of cost.”

An elated Mr Gboyega Bello said he was happy that the process was on to make AIICO Insurance Plc to eat the humble pie ultimately, saying he challenged the entity to try its luck at the Supreme Court.

Bello had, in February 2007, executed a 15year-life insurance Policy with AIICO Insurance Plc in its Abuja Office with the policy No 12025277. For three years, he paid premiums in the sum of N305,000.00 on 29 February, 2007, N307,000.00 on 28 February, 2008, N307,000.00 on 18 November, 2008 and N307,000.00 on 22 October, 2009, all amounting to a total of N1,226,000.00. However while surrendering the policy, he had, in three consecutive letters, requested AIICO Insurance Plc for a refund to which the company replied to once, stating that indeed Bello was indebted to AIICO Insurance Plc on an outstanding premium loan of N1,326,389.52 it secured on his behalf to fund the policy at the time he did not pay his premium.

Also Read:  Speak Directly To Nigerians, Ex-minister Advises Tinubu

Bello’s consent was never sought by AIICO Insurance Plc to secure a loan on his behalf.

“It was on this basis of clear injustice that I took AIICO Insurance Plc to court. I am happy I am vindicated,” Bello said.

Delivering her judgement in the case on February 13, 20014 in Abuja, Justice Anenih had said that under the policy Bello has the right to surrendering the said policy by notifying AIICO Insurance Plc in writing and the company was duty bound to refund his money. She noted that Bello had only failed to pay his premium for 2010 and as such that could not amount to the sum claimed by AIICO Insurance Plc as loan secured on behalf of the plaintiff.

Justice Anenih said that Bello has, by the evidence before her, fulfilled the burden placed on him by law, adding that AIICO Insurance Plc has failed to file before the court any Notice of Intention to Defend or affidavit of Defence despite service of the process on it.

Also Read:  Corruption: Groups Demand Quick Investigation, Prosecution Of Former Kogi Governor, Yahaya Bello

Arriving at his judgment in favour of Bello, Justice Anenih in 2014 had cited the authority of His lordship Per Musdapher, J.S.C. who she said reiterated in Ogunyade v. Oshunkeye (2007) 15 NWLR (PT.1057) 218 that ‘unchallenged and uncontradicted evidence ought to be accepted by the court as establishing the facts therein contained’.

“Suffice to say in view of the above, this court has no option but to comply with the provision of Order 21 Rule 4 of the Federal Capital Territory High court (Civil procedure) Rules 2004 and enter Judgement in favour of the plaintiff on the liquidated money sum”, she said.

Her judgement was affirmed by the Abuja Appeal Court.


...Join our WhatsApp group here to get more interesting stories (Click Here)

━ more like this

Ogwashi-Uku Kingdom Debunks Defamatory Publication Against Monarch

Ogwashi-Uku Kingdom Reacts To Defamatory Publication Against Monarch Ogwashi-Uku Kingdom Denies Allegations Against Monarch Ogwashi-Uku Kingdom has reacted to a defamatory online story on the kingdom's...

Offa Descendants Celebrate Offa Day in Ibadan, Call For Unity Among Yoruba People

The Offa descendants Union Ibadan branch has called for unity and coexistence among the people of Yoruba origin in Nigeria and Diaspora. This call was...

Aiyedatiwa Insensitive To Ondo People’s Plight, His Intention To Pay Minimum Wage After Guber-Election Wicked – Group

A socio-political group, Ondo Arise Initiative has tagged the intention of Governor Lucky Ayedatiwa to start paying the 73,000 minimum wage in November, few...

‘Thanks For Your Patience’ — Zenith Bank Applauds Customers, Unveils Upgraded ICT Infrastructure

Zenith Bank Plc has announced that it now boasts the best technology infrastructure in the banking industry, positioning itself to provide an exceptional customer...

2027: Dotun Sanusi ‘ll Contest Governorship Seat, He Has Not Withdrawn — Support Group Tells Oyo Residents

The Oyo Agenda Group (OAG) has emphatically urged residents of Oyo State to dismiss recent reports suggesting that Chief Jubril Dotun Sanusi, a well-known...

LEAVE A REPLY

Please enter your comment!
Please enter your name here

WP Twitter Auto Publish Powered By : XYZScripts.com