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BEST ASSURANCE COMPANY LTD
V.
ALHAJI MOHAMMED ABASS

(2022) JELR 114288 (CA)

Court of Appeal 28 Jul 2022 Ghana
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- The Respondent (plaintiff) sued the Appellant (insurer) in the High Court, Kumasi, seeking payment under a comprehensive insurance policy for the total loss of a vehicle, as well as special damages and interest, after the insurer allegedl

Case Details

Suit Number:H1/34/2022
Judges:ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING), ALEX B. POKU-ACHEAMPONG J A, SAMUEL K. A. ASIEDU J A
Counsel:ENOCH AMOAH for the Defendant/Appellant, KWAME ADOFO for the Plaintiff/Respondent.
Location:Kumasi

JUDGMENT

DOMAKYAAREH (MRS.), JA:

[1] We have before us an interlocutory appeal against two Rulings of the High Court, Kumasi dated 29th January, 2019 and 20th December, 2018. In this judgment, the Plaintiff/Respondent/Respondent will be called the Respondent while the Defendant/Applicant/Appellant will be called the Appellant. The Respondent commenced his action against the Appellant on 5th November, 2018 and by an Amended Writ of Summons on the same day accompanied by a Statement of Claim, he claimed the following reliefs against the Appellant; namely:-

RELIEFS AS PER AMENDED WRIT OF SUMMONS AND STATEMENT OF CLAIM:

a. Liquidated sum of GH¢300,000.00

b. Special damages of GH¢15,000.00 per month from April 2018 till date of final payment

c.  Interest

d. Costs

THE CASE OF THE RESPONDENT AT THE TRIAL COURT:

[2] The salient facts of the Respondent’s case as averred per his Statement of Claim are that he obtained a 50 seater Yutong vehicle with Registration Number GT 5924–17 with a loan facility a…

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