NORTHERN ASSURANCE CO. LTD. V. WURAOLA

• Pages: 22-30

22

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

the learned trial Judge and they have such momentous bearing on the whole case

and the issues involved that the omission to deal with them would, at the very least,

have compelled us to send the case back for a re-hearing. The second point taken

on appeal therefore also succeeds.

In view of these decisions at which we have arrived and in particular on the first

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5

point taken on appeal, we are in no doubt that on that ground the defendants are

entitled to ask for and obtain an order for the dismissal of the plaintiffs' case. In

this circumstances we do not propose to order a re-trial but to allow the appeal

and put finality to a matter which must have agitated adversely the minds of a num-

ber of worshippers attached to the Apostolic Church.

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The appeal is hereby allowed and the judgment of the Benin High Court in Suit

No B/5

7

/

6

7 is set aside and the plaintiffs case is dismissed. The respondents shall

pay to the appellants the cost of this appeal fixed at 157 guineas and the costs in

the Court below fixed at 80 guineas.

Appeal allowed.

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NORTHERN ASSURANCE CO. LTD. V. WURAOLA

20

THE NORTHERN ASSURANCE CO . LTD.

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APPELLANT

V

A. WURAOLA

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RESPONDENT

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SUIT NO. SC 349/1966

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

COKER,

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J.S.C.

MADARIKAN,

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J.S.C.

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30

10th January, 1969.

Insurance Law - Contract of Insurance - Plaintiff bound by condition in policy

he did not receive - Policy incorporated by reference - Onus of proof of

breach of condition precedent on party benefiting namely, the insurer.

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ISSUES:

1.

Is a party to an insurance contract bound by a condition in the policy of an

Insurance Certificate he did not receive?

2.

Whether a policy of insurance can be incorporated by reference.

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3.

Upon whom does the onus of proof of a breach of a condition of contract lie

on?

FACTS:

The Plaintiff/Respondent who had incurred a judgment debt sought to recover

the amount from his insurance company. The insurance company refused to pay

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on the ground that he was in breach of a condition in the policy of insurance. The

plaintiff denied this as he claimed that he was not bound by the policy as he did

not receive it; The defendant contended that he was bound by the policy as it was

referred to in the Certificate of Insurance given to him. The plaintiff obtained judg-

ment and the defendant appealed.

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HELD:

1. The principle or doctrine of incorporation by reference is one that is frequently

applied in the construction of documents, including contracts of insurance

where from the documents which were produced by both parties it was clear