[1972]DLCA2223 • March 20, 1972 • Court of Appeal
GUARDIAN ASSURANCE CO., LTD. vs. KHAYAT TRADING STORE
The respondents, Khayat Trading Store, insured goods in their store for ¢20,000 with the appellants, Guardian Assurance Co., Ltd., on 19 September 1967. Two days later, thieves broke into the store and stole textiles and furniture. The respondents claimed for the loss under the insurance policy. The appellants denied liability, alleging material misrepresentations in the insurance proposal form, specifically regarding the value of stock and prior burglary claims.
read moreThis is an appeal from a judgment of Anterkyi J. which awarded Messrs. Khayat Trading Store (hereafter described as the respondents) the sum of ¢18,000 plus costs of ¢1,800 on their claim for the loss of goods from their store through theft. The thieves apparently broke into that store on 21 September 1967, and removed therefrom a quantity of textiles and other goods including the furniture in it. Two days earlier, that is on 19 September 1967, the respondents had insured the goods in the store with Messrs. Guardian Assurance Co., Ltd., the appellants, for N¢20,000. The appellants’ liability, if any, therefore arises from the insurance policy. By a letter dated 26 September 1967, the appellants wrote to the respondents telling them that the policy was void because the respondents had made material misrepresentations in the proposals for the insurance cover, and at the trial the appellants resisted the claim on this ground. The trial judge, however, found against them and awarde...