[2022]DLCA15126 • July 28, 2022 • Court of Appeal
BEST ASSURANCE COMPANY LTD. vs. ALHAJI MOHAMMED ABASS
The Respondent obtained a loan to purchase a 50-seater vehicle insured comprehensively by the Appellant. The vehicle was involved in a total loss accident in April 2018. The Respondent made a claim under the insurance policy. The Appellant initially indicated claim validation was complete and promised to issue a discharge form but later refused payment citing the absence of a valid driver's license for the driver at the time of the accident. The Respondent submitted documents purportedly validating the driver's license, but the Appellant disputed their authenticity and referred the matter for further investigation. The Respondent alleged the Appellant's refusal to pay caused financial hardship and default on loan payments.
read moreDOMAKYAAREH (MRS.), JA: [1] We have before us an interlocutory appeal against two Rulings of the High Court, Kumasi dated 29th January, 2019 and 20th December, 2018. In this judgment, the Plaintiff/Respondent/Respondent will be called the Respondent while the Defendant/Applicant/Appellant will be called the Appellant. The Respondent commenced his action against the Appellant on 5th November, 2018 and by an Amended Writ of Summons on the same day accompanied by a Statement of Claim, he claimed the following reliefs against the Appellant; namely: - RELIEFS AS PER AMENDED WRIT OF SUMMONS AND STATEMENT OF CLAIM: a. Liquidated sum of GH¢300,000.00 b. Special damages of GH¢15,000.00 per month from April 2018 till date of final payment c. Interest d. Costs THE CASE OF THE RESPONDENT AT THE TRIAL COURT: [2] The salient facts of the Respondent’s case as averred per his Statement of Claim are that he obtained a 50 seater Yutong vehicle with Registration Number GT 5924 – 17 with a l...