JUDGEMENT
APALOO J.S.C
This is an appeal from the judgment of Mrs. Jiagge J. dated 24 June 1963. By that judgment, the learned judge dismissed an action brought by the appellant (whom we shall hereafter call the plaintiff) against the respondent firm (hereinafter called the firm) to recover damages for negligent breach of contract. There is a considerable area of agreement between the parties on the facts and we state them briefly. The plaintiff was at the times material to this case the owner of a shop at Agona Swedru. On 1 September 1956 he took out a policy of insurance with the Northern Assurance Co., Ltd. By that policy, the insurance company agreed for valuable consideration to indemnify the plaintiff up to a maximum of two thousand eight hundred pounds (£G2,800) for any loss suffered by him as a result of burglary or housebreaking committed on his premises. In the early hours of 27 February 1960 the plaintiff's shop was broken into and some of his goods were stolen. The plaintiff…