National Insurance Company Limited v Mohson Taraf (6 of 2002) [2003] SLCA 19 (18 December 2003)

ee es ghee CIV. APP 6/2000 - INTHE COURT OF APPEAi OF ‘SIEKRA LEONE : BETWEEN:

NATIONAL INSURANCE -> APPELLANT COMPANY LIMITED AND MOHSON TARRAF - RESPONDENT

Coram

HON MR. JUSTICE S.C.E. WARNE ~~ JSC (PRESIDING) HON MR. JUSTICE M.E. T. THOMPSON — JA HON MR. JUSTICE A.B. RASCHID -J E.E.C, SHEARS -MOSES ESQ; with MS VIVIAN SOLOMON for APPELLANT DR. A. RENNER-THOMAS with A. BANGURA ESQ; for RESPONDENT. JUDGMENT DELIVERED ON THE 18TH DAY OF DECEMBER, 2003 HON. MR. JUSTICE S.C.E, WARNE — JSC

) b& 5 Vou This is an appeal against the Judgment of Stronge J. (as he then was) delivered on 12 April 2000. Against this judgua:ct, the appellants have appealed on five yreuvis. : That the Leamed Trial Judge erred in finding that though the cover- note was a contract between plaintiff and defendant the exclusion clause ws1- 11 Part of the contract and so the defendant cannot rely on the said exclusion clause. @) The Learned Trial Judge failed to consider the "war and civil war exclusion clause" in the circumstances of the alleged theft of 26th May 1997.

(3) The Learned trial Judge failed to consider adequately or at all the defendant's documentary evidence tendered in Court on behalf of the defendant but preferred to rely only on the oral evidence of the plaimtift”

(4) The Leamed Trial Judge erred in ordering the exchange ratc to be as on the day of the judgment.

(8) The Leamed Trial Judge had no basis for ordering 12% in foreign currency FACTS On the 11th October 1996, the insured ,Mohson Tarraf took out an insurance policy with an Insurance Broker Roland J. Hamilton to cover the risk against Fire and Burglary. He Paid the Broker the premium of 460 U.S. dollars for a period of one year, that is to say from 11 October 1996 to 11th October 1997. Inthe interest of clarity, | will quote the recvipt he received from Mr. Hamilton. * "RECEIPT 1, Roland J. Hamilton of RG H Insurance Broker, 139 Circular road Freelown tevcis ‘sum of USD 460.00 (Four Hundred & Sixty Dollars) being overseas Insuiranee (fine an’

Fi bs Z x sary) Insurance forthe period 11th October 1996 to 11th October 1997 ; Sign Seria! Nos. of U.S. D. : 11/10/96 ACIOS1633A : ACIO4168354 ACIO4I68370 ACIO416900A

B05082593D UsD20-BKC12728" 1 see on the receipt the expression "Being Overseas Insurance” what the import of th iss cx Pression and its implication forthe insurance are, 1 would consider later. The insure! cs tered into an insurance contract with the National Insurance Company Limited (herein ty <== refered to asthe Insurers) By virtue of Proposal Form (1) for Burglary and House Iva p__—_ ing and @) for fie Insurance. These proposals cover the same period as that ve tween the Brokers RJ. Hamilton andthe insred- that iso say 11th October 1995 > ¢ game October 1997. ‘The proposal form shows clearly thatthe value ofthe goods insured was 40,000 US Dollars. ‘This transaction becomes more intresting with the introduction ofa third party - Harris ancy Dixon Insurance Brokers Limited Non-marine division. This company issued Cover Noses to the Insurers dated 2nd December 1996. This is about two and a half months afer the jy Posals were effected and the payment of 460,00 US Dollars to the Brokers in Facets ha ‘been made. The Cover Note FIN No. TR96063G to the Insurers states in snall print "In accordance with your instructions we have effected Insurance / Reinsurance with underwriters on terms ant

: Ibo : conditions detailed herein” “ra "Tt willbe useful to spell out the eo:tsnts of the Cover Noein ful, judge) Having stated the relationship between the parties involved in the transaction, will now ea ° amine the evidence which was before the leamed tral judge. Only two witnesses testified. insurers, ‘The insured, Mohson Tarraf testifies that he arranged with one Insurance Broker, Mr. Roland J, Hamilton to have his goods in his store, known as Ashobi Store insured. The Insurance Broker, Mr. Hamilton and the Insured agreed on a premium of 460 US Dollars, which he paid. The witness said he did not receive any proposal. He was only told that he had effected the Insurance which will commence on 11 October 1996 for a period of one year. He said he did not receive any Insurance Policy but after three months Mr. Hamilton gave him a Cover Note - this was on the Ist of December 1996, The witness said it was addressed to the National Insurance Co, of Sierra Leone. ‘The witness went on to say he had business with the National Insurance Company and was never Woh! about the contents in the Cover Note. He asked for the insurance policy, he receives! none ‘The witness said he had never been told of the terms and conditions showed him by the bro. kers Hamilton. He continued that on the 26th May 1997 at about 2. a.m. he was called by telephone to be told that his store Ashobi store was being burgled. He went to his store and what he saw made him to collapse, He reported the matter to the Police. The witness sitir! he tried to contact the N.

1. C., with no success; he tried to 4 (Included in the One on behalf of the insured and the other on behalf of the contact Hamilton, no success. He added that the ‘stock on the 24th May 1997 was 40,000 U.S. Dollars. The witness said he subsequently made a claim to the N. I. C. through his solicitor who wrote three letters, which were ten dered in evidence. He added that the N. I. C. did not honour his claim. He therefore cls set from the N. I. C. the sum of US40,000 plus interest from the date of loss: to the date uf . ment. The witness in answer to cross examination said he filled out a proposal fori «int ‘signed it. The witness said he had Exh. B, the Cover Note in his possession since Ist Deve 1 ber 1996, He agreed that he did not complain about Exh. B.

The pages read for this report end here. The judgment continues in the PDF.