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STAR ASSURANCE CO. LTD
V.
THERESA OFORI

(2012) JELR 66287 (CA)

Court of Appeal 28 Jun 2012 Ghana
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- This case is an appeal against a decision of the High Court. - The plaintiff filed a Writ of Summons claiming that the defendant, an insurance company, should pay a judgment debt obtained against the insured party. - The defendant denied

Case Details

Suit Number:CIVIL APPEAL NO. H1/58/2012
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.
Counsel:BERNARD AHIAFO ESQ. FOR DEFENDANT/APPELLANT,E. A. ANSAH ESQ. FOR PLAINTIFF/RESPONDENT

JUDGEMENT

IRENE C DANQUAH JA

This is an appeal against the decision of the High Court dated 9th April 2009. The facts of the case are these; The Plaintiff who was involved in a lorry accident caused a Writ of Summons in suit number E8/9/05 to be issued against one Aaron Owusu Mensah and obtained judgment on 26th June 2007. The Plaintiff alleging that the Defendant herein was the insurer of Aaron Owusu Mensah and therefore has to pay the judgment debt issued the present Writ of Summons claiming the following reliefs:

“a. Against the Defendants is for an order that the Judgment Debt and costs obtained in suit number C8/9/05 on 26//6/07 in this honourable court by the Plaintiff against Aaron Owusu Mensah an insured of the Defendant be enforced against the Defendant herein.

b. The Plaintiff also claim interest on the said Judgment Debt and costs; that is a total sum of Seven Hundred and Thirty-Nine Million Cedis (¢739,000,000.00) inclusive of Five Million Cedis cost (¢5,000,000.00) at the cur…

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