Ratio DecidendiRatio DecidendiRatio Decidendi



VANGUARD ASSURANCE CO. LTD AND TRI-STAR INSURANCE SERVICES
V.
EXPOM GHANA LIMITED

(2015) JELR 65741 (CA)    
Court of Appeal  ·  CIVIL APPEAL: SUIT NO: H1/139/2013 ·  15 Jan 2015 ·  Ghana
CORAM
KUSI-APPIAH (PRESIDING), ADUAMA OSEI J.A., WELBOURNE (MRS.) J.A.

Ratio Decidendi

Core Terms Beta
respondent
warranty
security men
security warranty
raw materials
security personnel
good luck
insured premises
breach of the policy
insurance policy
learned trial judge
result of the fire
trial judge
circumstances of the case
general public
judgment of the high court
security personnel warranty
above declaration
above question raises
bins of raw materials of tomato paste
case of the plaintiff
contract of insurance
date of final payment
documentary evidence warranty
favour of the plaintiff
fire extinguishing warranty
following declaration
full trial
general contract law conditions
high court
laws of ghana
lord eldon lc
matters of law
own security personnel
products liability
recall of the said security men
respect of all costs
respect of the watchmen
risk insurance policy
statements of case
term of the policy
trial court
tri-star insurance services
very meaning of a warranty
virtue of the insurance contract
watchmen’s warranty
way of interest

KUSI-APPIAH, J.A.

This appeal arises from the judgment of the High Court, (Commercial Division), Accra, dated 8th day of January, 2013 entered in favour of the plaintiff/respondent (hereinafter referred to as the respondent) against the 1st defendant/appellant (hereinafter referred to as the appellant).

The case of the plaintiff (now the respondent) as gathered from its pleadings and especially evidence at the trial, is that, the respondent is a company incorporated under the laws of Ghana and carries on business as a food processing company. The respondent through the 2nd defendant (Tri-Star Insurance Services), took an insurance policy with the appellant, Vanguard Assurance sometime in 2006. The policy was subsequently renewed yearly, the latest being for the period 20th November, 2009 to 20th November, 2010 against loss or damage by fire, up to the sum of five million Euros (€5,000,000.00) as follows:

“All real and personal property of every kind and description of Expom Ghana Limited…
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