ACKOM v. ASHANTI GOLDFIELDS CORPORATION

JUDGMENT OF ANTERKYI, J.

The plaintiff in this case sues "on behalf of himself, as the administrator of the estate of, and some of the dependants of Francis Asare (deceased)." The facts not denied are that the deceased, Francis Asare, was prior to his death, one of the employees of the defendant corporation in respect of whom the defendant corporation had taken what is generally known as liability insurance. In the insurance policy No. PAG. 405364, the insurers were the State Insurance Corporation and the insured, the defendant corporation.

Under the coverage of the policy, if "any employee of the insured as described in the schedule of employees hereunder (hereinafter referred to as 'insured employee') sustains any bodily injury caused by violent accident external and visible means then" (by section A thereof):

"In case such injury shall within twelve calendar months from the occurrence of the accident causing such injury directly causes the death of such insured employee the insurers shall upon receipt of proof of death by such injury pay to the insured an amount equivalent to two and one-half times the annual salary of such insured employee at the time of the accident.

The said policy covered the late Francis Asare as an insured employee of the defendant corporation. Upon his death, in terms of the policy, the insurers paid to the insured defendant corporation the sum of ¢12,300.00. The deceased was survived by his only wife, Elizabeth Dwira and without an issue.

The plaintiff applied for letters of administration in respect of the estate of the deceased. The said Elizabeth Dwira entered a caveat disclosing her interest in the said amount of ¢12,300.00 paid by the insurers to the defendant corporation as the insured. On the matter being heard the court made the following order:

"By court: It is agreed between the applicant and the caveatrix that the latter is entitled to receive ¢2,500.00 out of the entitlement to be paid by the deceased's employees for dependants, By consent therefor the caveatrix has an interest in the estate of the deceased. Accordingly I order that letters of administration should be issued jointly to the applicant, Mr. Seth Ackom, and Madam Elizabeth Dwira. These [p.397] letters of administration are limited to the administration of the entitlement to be paid by the Ashanti Goldfields Corporation. The caveatrix's entitlement is limited to ¢2,500.00".

Upon this order of the court the plaintiff (Seth Ackom), on a specially e