Hashim Yeop A Sani J:

This is a suit in which the plaintiff claims from the defendant insurance company for cost of repairs, loss of use, demurrage and depreciation in respect of motor-car Registration No. MC867 purporting to be covered by a comprehensive policy issued by the defendant insurance company. The defendants in their defence and counter-claim deny that they are liable and seek to avoid the policy on the grounds that the proposal made by the plaintiff and/ or his anent contains certain untrue statements and answers, misrepresentations, concealment and suppression of truth.

The facts contained in the statement of agreed facts are as follows:

That by a Proposal and Declaration dated 6 November 1968 the plaintiff requested the Defendants to issue to him a Policy of Insurance to cover inter alia, loss of or damage to the plaintiff's said motor car No. MC 867.

That in pursuance of the said Proposal and Declaration and in consideration of the payment of the premium in the sum of $359.40 the Defendant issued to the Plaintiff a Policy of Insurance No. MC368231 on 25 November 1968.

That on 9 December 1968 between 7.30 p.m. and 9.50 p.m., the plaintiff parked his said