REPUBLIC vs. HIGH COURT, KOFORIDUA; EX PARTE NSOWAA

JUDGMENT OF AMUA-SEKYI J.S.C. Amua-Sekyi J.S.C. delivered the ruling of the court. On 11 October 1980 one Kwame Peprah was knocked down by a motor vehicle. He sustained injuries from which he died on the same day. Thereafter, his dependants, represented by the applicant, engaged the services of a so-called insurance claims agent to pursue their claim for compensation for the death of the said Peprah. She says that after some correspondence with the State Insurance Corporation she was eventually told on 5 November 1985 that the insurance cover note was a forgery and that the insurance company would not accept liability on behalf of the assured. The cause of action of the dependants is derived from section 16 of the Civil Liability Act, 1963 (Act 176) which states: “16. (1) Where the death of a person is caused by the fault of another such as would have entitled the party injured, but for his death, to maintain an action and recover damages in respect thereof, the person .....