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The Supreme Court held that the insurer could not recover from the insured the indemnity paid to an accident victim where the accident was caused by a borrower driving the motorcycle while intoxicated.
The Court of Appeal held that the insurer was not liable on the advance payment guarantee because misuse of the 60,000,000 Frw advance was not proven.
The Supreme Court held that ACCESS BANK did not breach any duty by paying the cheque, as it was signed by lawful signatories with equal rights on the account, and there was no evidence of fraud, bad faith, duress, or breach of trust. The contractual policy requiring confirmation could not override the equal rights of signatories unless both agreed. STEDCON's claim was baseless, and damages and fees were awarded to ACCESS BANK.
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