OLLENNU J.
The plaintiff, a trader of Swedru, insured the goods in his shop with the defendant – Company against theft through burglary or house-breaking for the sum of £G2,800. He took the policy on the 22nd September, 1956, and paid the annual premium of £G14 regularly. The insured shop was broken into between the night of Saturday, the 27th and the morning of Monday, the 29th February, 1960. In consequence of the said theft, the plaintiff submitted a claim for £G2,800, the full amount for which his goods were insured. The defendants repudiated liability, in consequence whereof the plaintiff instituted this action claiming £G2,800 as part of the loss he has suffered in consequence of the said burglary and theft.
The defendant-company denied liability on the following grounds:
(1) That there has been no burglary and theft of the plaintiff‘s goods as alleged;
(2) The plaintiff had alleged that the theft was committed by his watchman, and therefore the company is relieved from liability b…