SETHI BROTHERS GHANA LIMITED
V.
REGENCY ALLIANCE INSURANCE LIMITED.

(2018) JELR 69670 (HC)    
High Court  ·  CIVIL APPEAL NO.CM/0216/2016 ·  22 Jun 2018 ·  Ghana
CORAM
SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
defendant
defendant company
bill of lading
plaintiff company
marine open cover policy
mv rui chang hai
court finds
managing director of the defendant company
declaration form
evidence act
marine open cover
plaintiff’s marine open cover policy
policy number c
terms of the policy
client of the defendant company
following answers
general terms
open cover policy
statement of claim
a. no.
breach of the contract of insurance
breach of the national insurance commission
cumulative value of the declared risk
date of the email
declaration of general average
defendant of the writ of summons
estimate of cargo
exhibit b.
exhibit d
favour of the plaintiff
good reason
insurance services
limited liability company
marine open cover policy insurance
members of the general public
old english case of pickard
plaintiff company claims
q. show
representatives of the parties
respective witness statements
said policy
state of things
testimony of the managing director of the plaintiff company
yearly premium

JUDGEMENT

By an amended writ of summons and a statement of claim, the plaintiff company claims against the defendant company.

1. A declaration that the Defendant is in breach of the contract of insurance.

2. A declaration that the Defendant acted fraudulent by attaching in the said policy on page 19 a limitation clause/wrong endorsement to the Plaintiff in the name of Yvonne Holdbrook.

3. A declaration that the Defendant by his actions is in breach of the National Insurance Commission’s rules.

4. An order ordering the Defendant to pay the Plaintiff the sum of US$2,355,135.14.

5. An order that the said sum in paragraph 4 above be paid with interest, from the 3rd day of February 2015 until the day of Judgment or sooner at the appropriate rate.

6. Any or other relief.

After the service on the defendant of the writ of summons and statement of claim, the defendant entered an appearance and filed a statement of defence and, after an unsuccessful pre-trial settlement, issues were set down and the ma…

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