BRITISH WEST AFRICAN INSURANCE SERVICES LTD. v. ABDILMASIH
1960
COURT OF APPEAL
CORAM
- KORSAH C.J. VAN LARE J.A. GRANVILLE SHARP J.A
Areas of Law
- Civil Procedure
- Contract Law
- Agency Law
1960
COURT OF APPEAL
CORAM
AI Generated Summary
This case involves an appeal by British West African Insurance Services Ltd. against a judgment dismissing their claim for damages for trespass against Joseph Jacob Abdilmasih. The trespass arose from an execution under a writ of fi. fa. on the offices of British West African Insurance Services Ltd., which is the sole agent in Ghana for Gresham Fire & Accident Insurance Society Ltd. The court upheld the trial judge's decision, finding that the execution was justified in law due to the extensive powers granted to British West African Insurance Services Ltd. by Gresham Fire & Accident Insurance Society Ltd. The court also ruled that Joseph Jacob Abdilmasih could not be held personally liable for the alleged trespass as there was no evidence that he personally gave instructions for the execution. The case establishes principles regarding the responsibilities of agents with extensive powers and the necessity of evidence to hold a defendant liable for actions of others.
JUDGMENT OF VAN LARE, J.A.
Van Lare, J.A. delivered the judgment of the court: The British West African Insurance Services Ltd., the appellants, sued one Joseph Jacob Abdilmasih personally for damages for trespass. The alleged trespass arose out of an execution under a writ of fi. fa. for the recovery of a judgment debt in an action in which Joseph Jacob Abdilmasih, trading as J.J. Abdilmasih & Sons, succeeded in a claim under an insurance policy for an amount which together with costs was £8,154 12s. 5d. against the Gresham Fire & Accident Insurance Society Ltd., by its agents British West African Insurance Services Ltd. The latter company are the sole agents in Ghana for the Gresham Fire & Accident Insurance Society Ltd., a company registered in the United Kingdom and by virtue of a power of attorney in fact, stand in the shoes of the last mentioned company for all purposes in West Africa. The relevant provision of this power of attorney is as follows:
"To appear and represent the Society in any Court or Courts of Law or Equity in the said Territories aforesaid and there to sue or be sued and to answer defend and reply to all matters and causes touching and concerning the premises or any action or actions, suit or suits, matter or thing that may be sued or prosecuted by or against the Society touching or concerning the premises AND, for that purpose or any other purpose, to accept on behalf of the society service of process and any notices required to be served on the Society AND to submit on behalf of the Society to the laws and customs of the said Territories aforesaid AND ALSO to do, say, pursue implead, seize, sequester, arrest, attach and imprison and out of prison again to deliver."
It may be not immaterial at this point to state that the execution to which we have referred was called off when the judgment debt and costs were paid by the personal cheque of one F.W. Barton, who is the Managing Director of the British West African Insurance Services Ltd. The execution by the deputy sheriff or his officers was in pursuance of a letter of request dated the 11th July 1958, the contents of which we quote:
"Kwakwaduam Chambers,"
P.O. Box 207,
Accra, Ghana.
11th July, 1958.
The Deputy Sheriff,
Supreme Court,
Accra.
RE WRIT OF FI: FA.
J. J. ABDILMASIH, etc., Plaintiff-J-Creditor
versus
THE GRESHAM FIRE & ACCIDENT INSURANCE, ETC., Defendant-J-Debtor
May I please request you to levy execution on the office equipment of the Defendant-Judgment-De