KWUKU PAINTSIL
V.
DONEWELL INSURANCE LTD

(2016) JELR 107687 (HC)    
High Court  ·  SUIT NO. GJ 160/2015 ·  28 Nov 2016 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO
Core Terms Beta
plaintiff
defendant
vehicle
policy
premier technic
contractual liability
policy holder
counsel
third party
contractual relationship
point of law
case of the plaintiff
comprehensive motor insurance policy
defendant counsel
defendant’s counsel
plaintiff’s vehicle
attorney general
contract of indemnity
custody of premier technic
general rubric of an insurance policy
insurance act
analysis of this issue
basis of part e clause
breach of a contract
casualty of the flood
claim of liability
comprehensive motor insurance
contractual liability coverage
cost of repairs
court’s determination
defendant company
examination of the terms of the policy
fact contract
high court
insurance coverage
learned author
loss of life
parts of the city
pendency of the policy
policy no. kadmpp
said contract
said point of law
senior vice president
subject matter of the contract
such insurance policy of premier technic
views of other courts
workshop of a third party
workshop of premier technic


JUDGMENT 

Introduction

[1] This is a dispute between an insured and his insurer concerning re-imbursement for the cost of repairs incurred by the insured because of damage to his vehicle which occurred at the workshop of a third party. The insurer takes the position that a contractual relationship was established between the insured and the owners of the workshop when he took his vehicle there  for repairs and therefore the insured is absolved from any claim of liability arising out of the repairs  of the vehicle.  

[2] The analysis of this issue requires an examination of the terms of the policy, the principles  applicable to contractual liability and the governing authorities if any. I will begin with some brief  background.  

The Facts  

[3] On July 30, 2014, the Plaintiff took a comprehensive motor insurance for his Mercedes  Benz R320 CDI 2007 with registration number GE 8978-14 with the Defendant Company. The  policy was renewed from the initial date until January 6, 2016. During …

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