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GUARDIAN ASSURANCE CO., LTD. V. KHAYAT TRADING STORE

(1972) JELR 69142 (CA)

Court of Appeal  •  20 Mar 1972  •  Ghana

Coram
AZU CRABBE J.S.C.,AMISSAH JA,ARCHER J.A.

Appearances
JAMES QUASHIE-IDUN FOR THE APPELLANTS; I. AMOO-LAMPTEY (WITH HIM C. E. QUIST) FOR THE RESPONDENTS.

Judgement

AMISSAH J.A.: This is an appeal from a judgment of Anterkyi J. which awarded Messrs. Khayat Trading Store (hereafter described as the respondents) the sum of ¢18,000 plus costs of ¢1,800 on their claim for the loss of goods from their store through theft. The thieves apparently broke into that store on 21 September 1967, and removed therefrom a quantity of textiles and other goods including the furniture in it. Two days earlier, that is on 19 September 1967, the respondents had insured the goods in the store with Messrs. Guardian Assurance Co., Ltd., the appellants, for N¢20,000. The appellants’ liability, if any, therefore arises from the insurance policy.

By a letter dated 26 September 1967, the appellants wrote to the respondents telling them that the policy was void because the respondents had made material misrepresentations in the proposals for the insurance cover, and at the trial the appellants resisted the claim on this ground. The trial judge, however, found against them and …

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