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SIC INSURANCE COMPANY LIMITED V. KEN KWAME ASAMOAH

(2017) JELR 66739 (CA)

Court of Appeal  •  CIVIL APPEAL NO.HI/167/2016  •  9 Feb 2017  •  Ghana

Coram
SAMUEL K. MARFUL-SAU J.A (PRESIDING), IRENE CHARITY LARBI (MRS) J.A, TANKO I.O. AMADU J.A

Appearances
MAAME SARPONG FOR ESQ. (FOR DEFENDANT/APPELLANT); EDWARD METTLE NUNOO ESQ. (FOR PLAINTIFF/RESPONDENT).

Judgement

IRENE CHARITY LARBI (MRS). J.A.

(1) These are the facts of the case; The Plaintiff is a businessman resident in Ghana and the United States of America (USA). In or about February, 2008, the Plaintiff imported Chevrolet SSR Sports Car from USA through the Tema Harbour.

(2) Upon arrival of the vehicle in the country one Alhaji Iddrisu Yussufu expressed interest in its purchase with payment to be made at a later date. The Plaintiff parted with possession of the vehicle to Alhaji Iddrisu Yussufu who registered the vehicle in his name with the Driver Vehicle and Licensing Authority (DVLA) with Registration Number GN.8866-Z. However, Alhaji Iddrisu failed to make any payment for the vehicle. The Plaintiff, therefore retrieved the vehicle from Alhaji Iddrisu Yussufu.

(3) On 27th March 2009, the Plaintiff having recovered possession of the vehicle from Alhaji Iddrisu Yussufu, took a comprehensive Insurance Policy with the Defendant to protect the vehicle from any loss or damage at an insured val…

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