Expom Ghana Limited Vrs Vanguard Assuarance Co. Ltd [2023] GHASC 40 (15 February 2023)

Expom Ghana Limited Vrs Vanguard Assuarance Co. Ltd [2023] GHASC 40 (15 February 2023)

The award of €400,000.00 for debris removal was a basic mistake because the insurance contract in force at the time of the fire did not cover debris removal, and this error occasioned a miscarriage of justice, warranting review and setting aside of that part of the decision.

Citation
[2023] GHASC 40
Parties
Plaintiff/respondent/appellant/respondent: Expom Ghana Limited; Defendant/appellant/respondent/applicant: Vanguard Assurance Co. Ltd.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 February 2023
Procedural Posture
Civil Motion (review) / Ruling on Application for Review
Outcome
application for review allowed in part
Legal Topics
Insurance Contract Interpretation, Quantum of Damages, Review Jurisdiction
Source Language
English
Insurance Law Contract Law Insurance Contract Interpretation Quantum of Damages Review Jurisdiction

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Parties

Expom Ghana Limited

Plaintiff/respondent/appellant/respondent

Vanguard Assurance Co. Ltd.

Defendant/appellant/respondent/applicant

Procedural Posture

Civil Motion (review) / Ruling on Application for Review

Legal Issues

  1. 1 Whether the award of €400,000.00 for debris removal was a fundamental error as the insurance contract did not cover debris removal at the time of the fire
  2. 2 Whether the court should review its previous decision based on an inadvertent error

Ratio Decidendi

The award of €400,000.00 for debris removal was a basic mistake because the insurance contract in force at the time of the fire did not cover debris removal, and this error occasioned a miscarriage of justice, warranting review and setting aside of that part of the decision.

Court Disposition

application for review allowed in part

Orders

  • The award of €400,000.00 as cost of debris removal is set aside.