The appeal turned on the contradiction between the date of the accident as pleaded and as testified to by the respondent (11th March 2010) and the date when the insurance policy was in force. The court found that the respondent consistently maintained the accident occurred on 11th March 2010, both in the plaint and in oral evidence, which was before the insurance cover was issued. No amendment was sought to correct this material error, and the contradiction was not resolved in re-examination. The court held that this was not a mere technicality but a substantive issue that went to the root of the respondent's claim. As a result, the respondent failed to prove his case on a balance of probabilities, and the trial court's judgment was set aside. The respondent's suit was dismissed, and the appellant was awarded costs.