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NATIONAL SAVINGS AND CREDIT BANK v. MENSAH

1989

COURT OF APPEAL

GHANA

CORAM

  • OSEI-HWERE
  • LAMPTEY
  • ESSIEM JJ.A

Areas of Law

  • Tort Law
  • Contract Law
  • Insurance Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

This Court of Appeal judgment, authored by Osei‑Hwere J.A., concerns a bailment and insurance dispute arising from a warehouse fire shortly after Ghana’s June 1979 uprising. The plaintiff had stored eighteen cartons of metallic ribbons and 166½ grinding machine sets with the defendants, who charged rent and insured all warehouse contents with the State Insurance Corporation. A fire destroyed most goods, leaving only 100 sets salvaged. The insurer denied indemnity, attributing loss to looting and a time‑bar under clause 19. The trial court found the defendants negligent and awarded over ¢112.5 million, dismissing the third‑party claim against the insurer. On appeal, the defendants challenged negligence and damages; they abandoned any challenge to the insurer’s dismissal. Applying bailment standards and evidentiary principles, the Court of Appeal held no negligence, emphasized that bailees are not insurers, set aside the damages and judgment, and allowed the appeal. It further noted the plaintiff could consider seeking indemnity for the policy value under valued‑policy and trust principles, though that issue was not adjudicated.

JUDGEMENT