DIAFO vs. STATE INSURANCE CORPORATION

The plaintiff issued a writ on or about 1 March 1968 against a Mr. Alphonse Bullard, of Adisadel College, Cape Coast. This he did as the sole administrator of the estate of one Thomas Tawiah. By that writ he claimed, for himself and on behalf of the estate and other dependants of the late Thomas Tawiah, damages for the injuries caused to, and the subsequent death of, the said Thomas Tawiah by reason of the negligent driving of Mr. Alphonse Bullard (Bulliard). In accordance with the provisions of paragraph (a) of subsection (2) of section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), notice of the action was given to the defendant corporation. On 27 July 1971, the High Court of Justice gave judgment for the plaintiff against Mr. Alphonse Bullard in the sum of ¢6,400.00 inclusive of costs of ¢400.00. The plaintiff then gave notice, on 28 July 1971, to the defendant corporation of the judgment obtained against Mr. Alphonse Bullard, an insured of the sai.....