PWAMANG JSC:-
The grounds upon which this application for review has been brought as set out in the statement of case of the Applicant and argued in court are that;
- The majority failed to consider the evidence in the record which showed that the respondent at the trial failed to prove the value of the materials destroyed by the fire,
- The majority failed to exclude from the quantum of damages awarded for materials destroyed, the quantity of materials that were found in the Thonket case to have been fermented or expired at the time of the fire,
- The majority failed to interpret the Watchman’s warranty clause in the contract that was held by them to be in force at the time of the fire, and,
- The award of €400,000.00 as cost of removal of debris from the fire was a basic and fundamental error since the contract of insurance in force at the time of the fire did not cover the cost of removal of debris.
We have listened to the lawyers of the parties and read closely the processes filed in this appli…