[2015]DLCA4772January 15, 2015Court of Appeal

VANGUARD ASSURANCE CO. LTD (1ST DEFENDANT/APPELLANT) AND TRI-STAR INSURANCE SERVICES (2ND DEFENDANT) vs. EXPOM GHANA LIMITED

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 ...