Misrepresentation

The word 'mislead' means "to direct wrongly; lead astray or into error – Webster's Comprehensive Dictionary. In effect, the Appellant is saying that the fact that the said intent clause is missing from the Charge, he was directed wrongly or led astray, even as he was represented by his counsel throughout the trial.

A misrepresentation is fraudulent if the maker intends his assertion to induce a party to manifest his assent and the maker (a) knows or believes that the assertion is not in accord with the facts, or (b) does not have the confidence that he states or implies in the truth of his assertion, or (c) knows that he does not have the basis that he states or implies for the assertion.

The term "fraudulent misrepresentation or representation", means "a false statement that is known to be false or is made recklessly – without knowing or caring whether it is true or false – and that is intended to induce a party to detrimentally rely on it" -see Black's Law Dictionary, 9th Ed.,

Lastly is the contract of insurance in respect of the MV Ruth voidable on the reason of misrepresentation and non disclosure of material facts? Iguh JSC in Afegbai vs. AG Edo State (2001) ALL NLR 19, stated and I quote extensively, that:
A fraudulent misrepresentation, whereby the representator has induced the representee to alter his position by entering into a contract or transaction with the representor confers the right to the representee to either maintain an action in damages or repudiate the contract or transaction. In such a case the representee may institute proceedings for the recission of the contract or transaction. He may also set out the fraudulent misrepresentation as a defense to any action instituted for the direct or indirect enforcement of the contract or transaction.