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V.
HAROLD NTORINKANSAH AND OTHERS

(2014) JELR 68666 (SC)

Supreme Court 31 Jul 2014 Ghana
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- The Supreme Court (majority) held that section 44(1) of the Insurance Act, 2006 (Act 724) applies to all contracts of insurance, not just motor insurance, requiring such contracts to state a certain or maximum amount of liability to be va

Case Details

Suit Number:CIVIL APPEAL NO.J4/39/2013
Judges:ATUGUBA J.S.C. (PRESIDING), ANSAH J.S.C., ADINYIRA (MRS) J.S.C.,BONNIE J.S.C., AKOTO-BAMFO (MRS) J.S.C.
Counsel:PEASAH BOADU ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT; THADDEUS SORY ESQ. (WITH HIM RICHMOND NUMBO SAAKA) FOR THE 2ND ,DEFENDANT /APPELLANT/RESPONDENT.

JUDGMENT

ATUGUBA, JSC (FOR THE MAJORITY)

This is an appeal by only the 2nd Defendant/Appellant/Respondent against the judgment of the Court of Appeal dated the 15th day of November, 2012. The only part of the decision complained of as per the Notice of Appeal is “The part of the judgment allowing ground (a) of the grounds of appeal.” The grounds of appeal are per the said Notice of Appeal as follows:

“(a) the learned Justices of the Court of Appeal, erred in law when they held that Sub-section (1) of Section 44 of the Insurance Act, Act 724 is not limited to contracts of insurance created under the Motor Vehicle (Third Party Insurance) Act but every contractor (sic) of insurance entered into by the insurer after the commencement of Insurance Act, Act 724
(b) The learned Justices of the Court of Appeal erred in law when they held that the credit guarantee bonds issued in favour of the plaintiff/Respondent by 2nd Defendant/Appellant were contracts of insurance.
(c) The learned Justices of th…

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