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ALLAO
V.
R. T. BRISCOE (GHANA) LTD.

(1975) JELR 86809 (CA)

Court of Appeal 20 Jan 1975 Ghana
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- Plaintiff, a lorry driver and transport owner, entered into a hire-purchase agreement in 1965 with defendant company for a bus; a key clause (5(e)) required the plaintiff to insure the vehicle "in such manner and against such risks as the

Case Details

Judges:APALOO JA, ANIN JA, KINGSLEY-NYINAH JA.
Counsel:E. O. Appiah for the appellant. Mensah-Bonsu for the respondents.
Other Citations:[1975] 1 GLR 31-39

JUDGMENT

Apaloo J. The appellant (hereinafter called the plaintiff) was at the time material to this case, a licensed lorry driver and transport owner. The respondents are a limited liability company and carried on business, among other things, in the sale and hire of motor vehicles. I shall hereafter refer to them as the company. Some time in 1963, the plaintiff, who was minded of buying a Mercedes Benz bus, called at the company's office in Tamale. He there made his intention known to the company. The plaintiff did not apparently have sufficient funds to buy the vehicle offhand but the company were willing to hire out one to him with a view to purchase. He and the company accordingly entered into a hire-purchase agreement.

One of the terms of that agreement was that the plaintiff shall insure the vehicle in such manner and against such risks as the company may require. Subsequent to the signing of this contract, the company requested him in writing to insure the vehicle under comprehe…

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