JUDGMENT OF THE COURT
This is an unsuccessful plaintiff's appeal from a decision of the superior court (Ole Keiwua, J., as he then was) given on December 14, 1998 whereby he dismissed the plaintiff's suit against the defendants with costs.
The plaintiff's claim arose from the involvement of his car in an accident on 17 December 1987 in which the other driver to the accident was charged and convicted. He was separately sued by a third party to the accident. Notice of such proceedings, however, was not given to the first defendant as the insurer in compliance with the Traffic Act. Pursuant thereto, K.Shs.10,000/= was paid by
the plaintiff to the first defendant on account of policy excess and thereby make it possible for the first defendant to process and deal with the claim of the third party.
Ultimately, the third party obtained judgment against the plaintiff for K.Shs.63,975/= in respect of which the plaintiff's motor vehicle was attached. The plaintiff claims the value of the motor vehi…