Ratio Decidendi



SAMUEL NARTEY KODJOE
V.
VANGUARD ASSURANCE CO. LTD.

(2014) JELR 69727 (CA)    
Court of Appeal  ·  SUIT NO: H1/50/2014 ·  19 Jun 2014 ·  Ghana
CORAM
MARIAMA OWUSU (PRESIDING), OFOE J.A., DORDZIE J.A

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
license
time of the accident
section
appeal
driver’s license
driving license
valid driving license
renewal
trial judge
insurance policy
learned judge
road traffic regulations
writ of summons
court of appeal
criminal offence
date of the accident
eye test
interpretation of part e section
response
above submission
brief background of this case
case of the plaintiff
claim form
comprehensive insurance cover
correct position
date of its expiry
decision of the trial court
end of the full trial plaintiff
exhibit c shows
exhibit e
expiry date
expiry date of exhibit c.
following grounds
further grounds of appeal
insurance policy no. p-001-1051
license exhibit c
loss of use of the said vehicle
main issue
mariama owusu
part e section
parts
plaintiff’s vehicle no. gr
position of the plaintiff
repair cost of plaintiff
reputable insurance company
road traffic regulation
statement of claim
summary conviction

MARIAMA OWUSU, J.A.

The main issue for determination in this appeal is whether the Plaintiff/Appellant at the time of the accident that has culminated in this appeal had a valid driving license.

The trial judge answered this question in the negative.

Dissatisfied with the decision of the trial court, the plaintiff appealed to the Court of Appeal on the following grounds;

a. The judgment is against the weight of evidence.
b. The court erred when it held that at the time of the accident the plaintiff did not have a valid driving license.
c. Further grounds of appeal may be filed upon receipt of the record of proceedings.

The relief sought from the Court of Appeal is that;

The judgment be set aside and judgment given to the plaintiff.

Before dealing with the merits or otherwise of this appeal, I will give a brief background of this case.

The plaintiff/appellant [herein after referred to as plaintiff] issued a writ of summons claiming the following reliefs;

1. A declaration that on the date of t…
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