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STATE INSURANCE CORPORATION
V.
MANSAH

(1968) JELR 86918 (CA)

Court of Appeal 23 Dec 1968 Ghana
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Case Details

Judges:AKUFO-ADDO C.J., OLLENNU JA., AMISSAH JA.
Counsel:H.P. Swaniker for the appellants. L.B. Akainyah, Jnr. For the respondent
Location:Accra
Other Citations:[1968] GLR 1127 - 1136

JUDGMENT

Amissah J.A. delivered the judgment of the court. The respondent, Afua Mansah, brought an action against the appellants, the State Insurance Corporation, after she had obtained judgment against one Isaiah Sackey, an insured of the appellants, claiming satisfaction by the appellants of the judgment debt due from the insured. The first case arose out of a fatal motor accident. Akosua Agyakomah was killed as a result of an accident caused by the negligent driving of the servant of Isaiah Sackey, the appellants' insured. Having. Obtained the judgment against Isaiah Sackey and his servant, the respondent proceeded to sue the appellant in the High Court. The basis of her claim being section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), an Act which I shall for convenience refer to as the Third Party Act, and which enjoined insurance companies in certain circumstances to pay the judgment debts of their insured. The High Court, presided over by Francois …

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