GUARDIAN ASSURANCE CO., LTD. V. APPIAH

EDUSEI J.: The plaintiff company are an insurance company carrying on business in Ghana and by a proposal form dated 21 March 1966 and signed by the defendant a policy of insurance bearing No. KU/751037 was issued by the plaintiffs to the defendant, Kwame Appiah, covering a Chevrolet commercial truck No. CP 7808. The said proposal form which is exhibit A contains certain questions which were answered by the defendant, and the answers, so argue the plaintiffs, form the basis of the contract of insurance entered into between the plaintiffs and the defendant. In exhibit A the following questions and answers appear: “(i) Is the vehicle used for (a) carriage of fare-paying passengers?” The defendant stated; No” “(b) Carriage of goods?” The defendant stated “Yes.” (ii) When asked to state all types of goods carried, the defendant stated “General goods.”

There is evidence that vehicle No. CP 7808 was licensed on 13 June 1966 as a private car whereas the defendant did state in exhibit A that t…