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ALLAO v. R. T. Briscoe (Ghana) Ltd.

1970

HIGH COURT

GHANA

CORAM

  • AMPIAH J.S.C. (PRESIDING)
  • KPEGAH J.S.C.
  • ADJABENG J.S.C.
  • ACQUAH J.S.C

Areas of Law

  • Contract Law
  • Insurance Law
  • Commercial Law

AI Generated Summary

An extract from a Supreme Court judgment addresses clause 5(e) in a hirepurchase arrangement for a motor vehicle, under which the seller required the hirer to obtain insurance. The court explained that the clause barred any act whereby the insurance may be invalidated and framed the issue as whether an unauthorized use by Adam Dagomba on 21 October 1965 invalidated cover. Interpreting invalidate to mean the cessation of cover, the court emphasized the policys purpose of protecting the sellers interest. It held that an event that gives the insurer the right to repudiate liability totally renders the policy invalidated for that occurrence. Evidence, including that of Mr. Burrell, showed that the use was outside the policy, so no insurance was in force for that user, and the policy ceased to be effective on 21 October 1965.

Judgement