BAWA INTERNATIONAL (GH) LTD. V. CDH INSURANCE
(2009) JELR 66171 (CA)
Court of Appeal
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CIVIL APPEAL NO.: H1/72/08
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12 Feb 2009
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Ghana
Coram
ASARE KORANG J.A. (PRESIDING), MARIAMA OWUSU J.A., AYEBI J.A
Appearances
MR. KWAME BOAFO AKUFFO FOR PLT’/APPLT’ ,VERA AYISI (WITH HER RICHARD) FOR DEFT’/RESPT’
Judgement
<p><strong>AYEBI J.A.</strong></p><p>This case involves a claim for indemnity by the plaintiff/appellant (hereinafter called plaintiff) on a fire policy she took with the defendant/respondent on goods described as pharmaceuticals. The facts are in the main straight forward.</p><p>The plaintiff is a dealer in pharmaceutical goods. The plaintiff’s warehouse No. MA 222/12 is situated at Mile 7 Alhaji-Accra. On 18/10/01, plaintiff insured pharmaceutical goods in the said house in the sum of ¢375,900,000.00 per policy NO. GHO 302J-0081 CDH1/F/01/30049 (01F58) with defendant respondent (hereinafter called defendant) for one year duration. On 2/06/03 the sum insured on the goods was increased at the request of the plaintiff to ¢800,000,000.00, again for one year. The original policy No.01F58 was endorsed by the respondent to reflect the increment. Yet again on 24/03/04, the sum insured was increased and was evidenced by renewal endorsement on the original policy from ¢800m to ¢2 billion for one year.</p><p>In securing the original …</p>