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GEORGINA MENSAH
V.
DONEWELL INSURANCE COMPANY LIMITED

(2017) JELR 64893 (HC)

High Court 10 Mar 2017 Ghana
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- Summary judgment granted for Plaintiff to enforce a judgment debt under section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958, as Defendant insurer was given proper notice and failed to adduce any valid defence or evidence of

Case Details

Suit Number:SUIT NO. GJ/223/2016
Judges:JUSTICE GIFTY DEKYEM (MRS) JUSTICE OF THE HIGH COURT LABOUR DIVISION I ACCRA
Counsel:MOHAMMED AWAL ALHASSAN ESQ. FOR PLAINTIFF , DANIEL KOOMSON ESQ FOR DEFENDANT (ABSENT)

JUDGMENT

Plaintiff/Applicant is seeking the following reliefs in the suit:

1. An order for recovery of the sum of GHS800,403.00 being general and special damages as well as costs awarded in her favour against the Defendant’s insured being judgment debt in suit number BC 317/2015. 2. Interest on the judgment sum above at a prevailing bank rate from 17th May, 2016 till date of final payment.

The instant application is for summary judgment pursuant to order 14(1) of the High Court (Civil Procedure) Rules, 2004 (CI 47) which provides that:

“Where in an action a defendant has been served with a statement of claim and has filed appearance, the plaintiff may on notice apply to the Court for judgment against the defendant on the ground that the defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or that the defendant has no defence to such a claim or part of a claim, except as to the amount of any damages claimed.”

The only issue to consider is whet…

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