APALOO J.S.C.: This is an appeal from the judgment of the High Court, Accra, Akainyah J. (as he then was) delivered on 9 July 1963. That judgment, awarded in favour of the plaintiff (hereinafter referred to as the respondent) sums of money which he claimed were due to him from the appellant company (hereinafter called the appellants) under two policies of insurance.
In order to appreciate the argument advanced in this appeal, it is necessary to relate the facts which are, fortunately, far from complex. The respondent is an ice cream manufacturer and has a factory which is situated in house No. C 44/2, Kwame Nkrumah Avenue, Accra. In that factory, he has his plant and machinery. In order to provide against the risk of their destruction by fire, he took out a policy of insurance with the appellants who, as their name implies, are an insurance company. The latter were incorporated by an Act of Parliament in England and have their head office in Norwich, England. Their letterhead shows tha…