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VANGUARD ASSURANCE CO. LTD AND TRI-STAR INSURANCE SERVICES V. EXPOM GHANA LIMITED

(2015) JELR 65741 (CA)

Court of Appeal  •  CIVIL APPEAL: SUIT NO: H1/139/2013  •  15 Jan 2015  •  Ghana

Coram
KUSI-APPIAH (PRESIDING), ADUAMA OSEI J.A., WELBOURNE (MRS.) J.A.

Appearances
MRS. ANNA FORDJOUR FOR THE 1ST DEFENDANT/APPELLANT,MR. ANKOMAH MENSAH FOR THE PLAINTIFF/RESPONDENT

Judgement
<p><strong>KUSI-APPIAH, J.A.</strong></p><p>This appeal arises from the judgment of the High Court, (Commercial Division), Accra, dated 8<sup>th</sup> day of January, 2013 entered in favour of the plaintiff/respondent (hereinafter referred to as the respondent) against the 1<sup>st</sup> defendant/appellant (hereinafter referred to as the appellant).</p><p>The case of the plaintiff (now the respondent) as gathered from its pleadings and especially evidence at the trial, is that, the respondent is a company incorporated under the laws of Ghana and carries on business as a food processing company. The respondent through the 2<sup>nd</sup> defendant (Tri-Star Insurance Services), took an insurance policy with the appellant, Vanguard Assurance sometime in 2006. The policy was subsequently renewed yearly, the latest being for the period 20<sup>th</sup> November, 2009 to 20<sup>th</sup> November, 2010 against loss or damage by fire, up to the sum of five million Euros (€5,000,000.00) as follows:</p><blockquote>“All real and personal property of every kind and description of Expom Ghana Limited…</blockquote>

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