AKORTSU vs. STATE INSURANCE CORPORATION

This action was instituted by the plaintiff against the defendants under section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), to recover damages awarded her in a running down action previously brought against the alleged assured of the defendants (hereinafter referred to as the tortfeasor). Though a number of issues were set down for trial, it was narrowed by consent to the single issue, namely, whether the policy or certificate allegedly issued by the defendants covered the tortfeasor and consequently made the defendants liable to the plaintiff to satisfy the damages awarded her. The facts of this case are that the tortfeasor obtained a certificate of insurance through the plaintiff’s first witness, Isaac Newton Yaw Ayiku. The vehicle involved was ER 1354. The sum paid for insuring it was ¢120.00; and the certificate in respect of the vehicle was numbered 240296. The plaintiff’s first witness claimed that he was given nothing besides the certifi...