JUDGMENT
INTRODUCTION
The Plaintiff is an Insurance Company incorporated under the laws of Ghana. Jay Kay Industries, which deals in paper products, is an insurer of the Plaintiff took an All Risk Insurance Policy with the Plaintiff for its stock in trade. The Defendant deals in car tyres and batteries. The Plaintiff's claim arises from the fire outbreak that occurred on 7th January, 2022. The fire started from the Defendant’s premises and spread to Jay Kay’s premises, destroying its stock in trade. Jay Kay Industries, as the insured of the Plaintiff, successfully made a claim on the Plaintiff in respect of the destroyed stock. The Plaintiff has mounted this claim against the Defendant, seeking to enforce its rights of subrogation against the Defendant. The Defendant denies the claim of the Plaintiff. The fundamental question that this court is called upon to answer is whether the Defendant is responsible for the outbreak of the fire and its spread to Plaintiff’s insured premises destro…