EDUSEI J.: In this case both counsel, Messrs. Pobee-Orleans and Koi-Larbi agreed that the facts were not in dispute and that the whole case turned on legal arguments.
On 26 February 1962, the defendants filled in a proposal form exhibit A with a view to insuring their Bedford lorry No. AD 9278 with the plaintiff insurance society. Prior to the filling in of the proposal form (exhibit A) the defendants had entered into a hire-purchase agreement with one A. K. Diaba of Kajebi on 20 February 1962. This hire-purchase agreement was exhibit C.
The plaintiffs instituted this action on 2 July 1963, to avoid the policy of insurance between themselves and the defendants on the ground that (a) the defendants, on entering into the hire-purchase agreement with A. K. Diaba, had no insurable interest and (b) the policy of insurance was obtained by the defendants by the non-disclosure of a material fact or in the alternative by a representation of fact which was false in a material particular.
It is nec…