[1976]DLCA1262 • July 21, 1976 • Court of Appeal
BONSU vs. STATE INSURANCE CORPORATION AND ANOTHER
The plaintiff sustained serious injuries when thrown into a ditch while traveling in the defendant's vehicle. She sued for negligence and joined the State Insurance Corporation as codefendants, alleging they insured the vehicle. The defendant was not found and did not contest. The insurance company denied insuring the vehicle at the time of the accident, claiming the insurance cover had lapsed and that a cover note was void due to alleged fraud by the defendant.
read moreJUDGMENT OF FRANCOIS J.A. Francois J.A. delivered the judgment of the court. On 27 April 1976 we allowed this appeal and now proceed to give our reasons for so doing. The plaintiff sustained serious injuries when she was thrown into a ditch while travelling in the defendant’s vehicle No. AT 3985. She sued for negligence and joined the State Insurance Corporation as the co-defendants. The defendant did not contest the action. He could not be found and the action proceeded against him after an order granting substituted service had been obtained. In her statement of claim setting out the cause of action, the plaintiff explained why she had joined the co-defendants. She said in paragraph (10): “The plaintiff further says that the co-defendants subsequently denied ever insuring the defendant’s vehicle and thereby creating a dispute between them.” The plea was admitted by the co-defendants in paragraph (3) of their statement of defence to which was added the follo...