GWIRA vs. STATE INSURANCE CORPORATION AND ANOTHER

JUDGMENT OF SOWAH J.S.C. Sowah J.S.C. delivered the judgment of the court. We have had no doubt as to the decision we ought to arrive at in this appeal. The facts in this case have been eloquently set down in the judgment of the Chief Justice sitting as an additional High Court judge. However in the interest of clarity, we state as briefly as possible the salient facts. Sometime in September 1966 the appellant took out a loan of ¢10,000 for the purpose of building a house at East Cantonments, now the subject matter of these proceedings. That house was built by the Ghana National Construction Corporation. Due to the appellant’s failure to honour his obligations, in September 1970 the State Insurance Corporation (the first respondent herein) took out a writ for the recovery of the loan which then stood at ¢10,000. It is of some interest to note that the appellant had not paid a pesewa of that loan. The appellant entered appearance and a defence. At the trial the ap...