BRAIMAH vs. ROYAL EXCHANGE ASSURANCE

Archer J.A. delivered the judgment of the court. The facts in this appeal are briefly as follows: The appellant who was the owner of a Volkswagen motor car registered as NG 619 entered into a contract of insurance with the respondents, Royal Exchange Assurance, whereby a policy No. PM 28974/GH dated 22 February 1961 was issued to cover the appellant’s vehicle for a period of twelve months commencing from 26 October 1960 and ending on 25 October 1961. The value of the car as stated in the policy was £G560. On 31 October 1960, that is, five days after the effective date of the policy, the appellant’s car was involved in an accident and the car was damaged. On the same day, the appellant gave notice to R. T. Briscoe (Ghana) Ltd., Tamale, as agents for the respondents, and later on 2 November 1960, R. T. Briscoe (Ghana) Ltd. towed the motor vehicle to their workshop at Tamale. Perhaps, it must be pointed out at this stage that apart from being agents for the respondents in purely i...