BEST ASSURANCE COMPANY LTD. v. ALHAJI MOHAMMED ABASS
July 28, 2022
COURT OF APPEAL
GHANA
CORAM
- ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING)
- ALEX B. POKU-ACHEAMPONG, J A
- SAMUEL K. A. ASIEDU, J A
Areas of Law
- Civil Procedure
- Insurance Law
July 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal arose from two separate High Court rulings in Kumasi in litigation between a bus owner and his insurer following an accident that wrote off a 50‑seater Yutong bus. After the Respondent sued over the insurer’s refusal to pay a comprehensive policy claim, the High Court on 20 December 2018 ordered the Appellant Insurance Company to pay the GH¢300,000 sum insured into court pending trial. The insurer filed a "double header" motion to stay and vacate; on 29 January 2019, the High Court dismissed the motion, extended the deposit deadline, and required an undertaking by the claimant. The Respondent objected in the Court of Appeal that the notice filed on 8 February 2019 was out of time and otherwise incompetent. Writing for a unanimous panel, Angelina M. Domakyaareh JA upheld the objection, holding that the 20 December order was not timely appealed and that combining two orders in one notice violated procedural rules; arguments of merger and nullity were rejected. The appeal was dismissed.
DOMAKYAAREH (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 loan facility and he was required to work and pay the loan at Gh¢15,000.00 per month. In 2017 he took out a comprehensive insurance policy for the said vehicle with Registration Number GT 5924 – 17 with the Appellant Insurance Company to cover the full replacement value of the said vehicle in the event of theft and accident. The Respondent averred that on 16th April, 2018 the said vehicle was involved in an accident on the Kintampo to Tamale road which rendered the said vehicle unrepairable and was completely written off. The Respondent averred that he made a claim under the Policy and on 2nd August, 2018, the Appellant Company wrote to him and advised that they had completed the Claim validation and that they were going to issue the Discharge Form within a week.
[3] The Respondent further averred that despite the representations made to him by the Appellant Company, the Appellant did not comply with its obligations under the Insurance contract and as a result of its failure to pay the claim, he defaulted in the payment of the loan. The Respondent also averred that due to the Appellant’s conduct he became subjected to pay interest daily and his debts kept accruing daily. The Respondent also averred that he lodged a complaint with the National Insurance Commission who wrote to the Appellant but the Appellant refused to pay the claim. The Respondent also averred that the Appellant wrote to the National Insurance Commission to request that he the Respondent should produce the Dr