VICTORIA DANQUAH (PLAINTIFF) vs. MICHAEL OBIRI AND STAR ASSURANCE COMPANY LIMITED (DEFENDANTS)

The issue raised by this application is whether or not a plaintiff who has been injured by an insured vehicle, can sue the tortfeasor and the insurance company at the same time and recover damages against them. The 2nd defendant/applicant, the insurance company herein answers the question in the negative whiles the plaintiff/respondent answers the question in the affirmative. All the answers are not unexpected because they serve the respective interest of the parties. The applicant relies on the case of Amponsah vs. Appiagyei [1982-83] GLR 96 which answers the question in the negative whiles the respondent relies on Bonsu vs. State Insurance Company [1977] 1 GLR 303. The case of Amponsah vs. Appiagyei was decided in 1982 by the High Court whiles the case of Bonsu vs. State Insurance Company was decided by the Court of Appeal in 1977 and so, ordinarily, the decision of the Court of Appeal should be binding. However, prior to the decision of the Court of Appeal in the Bonsu case, there...