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OBENG
V.
BOATENG AND OTHERS

(1966) JELR 69603 (HC)

High Court 18 Oct 1966 Ghana
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- The court held that a defendant’s right to seek contribution from a third party under section 13 of the Civil Liability Act, 1963 (Act 176) accrues only when the defendant admits liability or is adjudged liable to the plaintiff, not from

Case Details

Judges:AMISSAH J.A.
Counsel:OSEI BONSU FOR THE PLAINTIFF; E. L. COLE FOR THE SECOND DEFENDANTS.,H. P. SWANIKER FOR THE THIRD PARTIES.
Other Citations:[1966] GLR 689

AMISSAH J.A.

Before me are two sets of applications. The first is a summons for directions in the action between Margaret Obeng, the plaintiff and Starco Transport the second defendants, interlocutory judgment having been obtained by the plaintiff against Samuel K. Boateng, the first defendant upon the failure of the latter to appear to the writ. The second is an application for third party directions brought by the second defendants as a result of their service of a third party notice on Nana Fredua Mensah and Napado Company as third parties.

The case is one of negligence arising out of a collision of one vehicle into another on the highway. The plaintiff, on 23 February 1966, after the second defendants had served their defence on her, filed a summons for directions which stated the negligence of the first defendant, alleged to be the driver and servant of the second defendants’ vehicle at the material time of the accident, as one of the issues for determination. But when subsequently…

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