[2020]DLCA8569 • February 20, 2020 • Court of Appeal
CHINA RAILWAYS vs. STATE INSURANCE COMPANY
The plaintiff, China Railways, owned a Toyota Prado insured comprehensively by the defendant, State Insurance Company. The vehicle was involved in an accident on 29 April 2015, driven by their employee Alex Odartey Lamptey. The driver’s original license expired on 21 November 2014. He applied for renewal on 19 December 2014, was assessed competent on 9 January 2015, but due to DVLA logistical delays, the cover note (temporary license) was issued only on 5 May 2015, after the accident. The defendant repudiated the insurance claim on grounds that the driver was unlicensed at the time of the accident.
read moreHENRY A. KWOFIE (JA) This present appeal was launched by the plaintiff/appellants against the judgment of the High Court Accra (Human Rights and Financial Division) delivered on 23rd November 2017 in favour of the defendant/respondent and dismissed plaintiff/appellant’s claim. Dissatisfied with the said judgment, the plaintiff /appellant launched the instant appeal on the 9th of February 2018 on the following grounds: a) That the ruling of the trial judge is against the weight of evidence. b) That the trial judge misdirected herself in law when she held that the date of issuance of the license ought not to have been back-dated to the date of assessment. c) The trial judge misdirected herself in law when she held that a renewal during replacement was different from other renewals. d) The trial judge erred when she declared that the defendant was entitled to repudiate the insurance policy. e) That additional grounds of appeal will be filed on the receipt of the record of proce.....