[1965]DLSC1802 • May 17, 1965 • Supreme Court •
FODWOO vs. LAW CHAMBERS & CO.
The appellant, owner of a shop at Agona Swedru, insured his stock against burglary with Northern Assurance Co. Ltd. After a burglary in February 1960, the appellant claimed under the policy but the insurer repudiated liability. The appellant retained Law Chambers & Co. to prosecute a claim against the insurer. The firm, a partnership of solicitors, conducted the case which was struck out for non-readiness, later restored, and eventually heard. Judgment was given against the appellant for failure to prove loss. The appellant alleged negligent breach of contract against the firm for failing to prove his loss, resulting in the dismissal of his claim against the insurer.
read moreJUDGMENT OF APALOO J.S.C Apaloo J.S.C. delivered the judgment of the court. This is an appeal from the judgment of Mrs. Jiagge J. dated 24 June 1963. By that judgment, the learned judge dismissed an action brought by the appellant (whom we shall hereafter call the plaintiff) against the respondent firm (hereinafter called the firm) to recover damages for negligent breach of contract. There is a considerable area of agreement between the parties on the facts and we state them briefly. The plaintiff was at the times material to this case the owner of a shop at Agona Swedru. On 1 September 1956 he took out a policy of insurance with the Northern Assurance Co., Ltd. By that policy, the insurance company agreed for valuable consideration to indemnify the plaintiff up to a maximum of two thousand eight hundred pounds (£G2,800) for any loss suffered by him as a result of burglary or housebreaking committed on his premises. In the early hours of 27 February 1960 the plaintiff’s shop was br...