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ELOK LIMITED PLAINTIFFS v. NSIA (GHANA) INSURANCE CO. LTD

(2011) JELR 107086 (HC)

High Court  •  FTR/9/10  •  11 Mar 2011  •  Ghana

Coram
P. BRIGHT MENSAH

Judgement


JUDGMENT:

By a writ of summons issued in this case, the Plaintiffs claim against the defendants:

a) Damages for breach of contract or in the alternative

b) The sum of Ghfl5,800. being cost of jewelry stolen from Plaintiffs shop

c) Interest on on (b) calculated at the prevailing bank rate from July, 2008 to date of final judgment.

d) Costs.

The defendants responded appropriately to the claims of the Plaintiffs by entering an appearance and filing a defence. The statement of defence raised the following issues for determination by the Court.

1. Whether the insurance policy executed between the parties covered theft

2. Whether the theft covered by the insurance policy referred exclusively to Theft resulting from forcible or violent entry of the shop

3. Whether the theft which occurred in Plaintiffs shop is covered by the Insurance policy.

4. Whether the Plaintiff is entitled to its reliefs

ADDITIONAL ISSUE:

Whether or not the Plaintiff was negligent during its transaction with the Alleged suspect.…

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