[1962]DLHC1749 • April 24, 1962 • High Court
WILLIAMS vs. NATIONAL & COLONIAL INSURANCE CORPORATION LTD.
John Kofi took a life insurance policy for £G15,000 from the defendant company on 27 November 1959. He made a will on 24 August 1959 naming the plaintiff as sole beneficiary and executrix. John Kofi was reported to have died on 10 April 1960. The plaintiff claimed the insurance benefit after probate was granted on 7 June 1960. The defendant denied liability, asserting John Kofi was not dead or was not the assured. The key issue was whether John Kofi was dead.
read moreJUDGMENT OF OLLENNU J. A man who gave his name as John Kofi took from the defendant-company an insurance policy on his life for £G15,000. The policy was issued on the 27th November, 1959, and it is exhibit D. The said man had, on the 24th August, 1959, made a will. The plaintiff is the sole beneficiary and the sole executrix under the said will. It being represented to the High Court that the said testator had died on the 10th April, 1960, the court on the 7th June, 1960, granted probate of the said will to the plaintiff. That probate is exhibit A. The plaintiff made claim upon the defendant-company for payment under the said policy and upon their failure to meet the claim she instituted this action claiming £G15,000 as benefit accruing to her in terms of the said policy. The defence in short is that John Kofi is not dead, and that if a John Kofi is dead, he was not the assured. In short the defence put the plaintiff to prove strictly that the assured John Kofi is dead. The ques.....