CHINA RAILWAYS v. STATE INSURANCE COMPANY

HENRY 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 proceedings.

It is noted for the record that no additional grounds of appeal were

filed by the plaintiff /appellant. The relief sought from the Court of

Appeal was that the ruling of the High Court (Human Rights

Division) dated 23rd November 2017 be set aside and judgment

entered for the plaintiff.

In this judgment the parties will be described by their designation

in the Court below:

Before dealing with the arguments advanced in support and against

the appeal, I will give a brief background of the case.

By a writ of summons filed on the 15th of December 2015 the

Plaintiff claimed against the defendant the following reliefs:

i) A declaration that the driver of the vehicle (Alex Odartey Lamptey) was a competent driver and duly licensed by the DVLA on the day of the accident.

ii) A declaration that the plaintiff Company is entitled to insurance claim under the insurance policy number P/110/01/1003/2013/8

iii) An order directed at the defendant Company to compensate the Plaintiff Company with an amount of Forty Five Thousand, Eight Hundred and Twenty Six Ghana cedis and Thirty Two Pesewas (GH¢45,826.32) being the value of the damage to the vehicle as a result of the accident.

iv) Interest on the said claim payable from 29th April 2015 to date of final payment.

v) Cost occasioned by the action including legal fees of lawyers assessed at 10% of the amount claimed.

The plaintiff’s case is that it is the owner of a Toyota Prado vehicle

with registration No. GT 1603-13 which