ROYAL EXCHANGE ASSURANCE vs. BREW

The respondent was a passenger in vehicle No. WR 5374 which was involved in an accident on 9 March 1964. She sustained injuries from this accident. The vehicle was at the date of the accident driven by one Kow Sobir who was an employee and servant of one Kofi Mensah. The latter was insured by the appellant-company. On 17 July 1964, the respondent instituted an action against the said Kow Sobir. The evidence suggests that at that date she was unaware that the vehicle belonged to Kofi Mensah who had insured it with the appellant company. Before she became aware of this fact, she had already obtained interlocutory judgment against the said Kow Sobir. That was on 28 October 1964. The respondent was minded of joining Kofi Mensah to the action with the obvious object of recovering any judgment she might obtain from the appellant-company who were Kofi Mensah’s insurers. Accordingly, in compliance or purported compliance with the provisions of section 10 (2) (a) of the Motor Vehicles (.....