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DIAFO v. STATE INSURANCE CORPORATION

November 6, 1972

HIGH COURT

GHANA

CORAM

  • CHARLES CRABBE J

Areas of Law

  • Civil Procedure
  • Insurance Law
  • Tort Law

AI Generated Summary

Kweku Diafo, the sole administrator of Thomas Tawiah’s estate, sued Adisadel College teacher Alphonse Bullard for negligent driving that resulted in Tawiah’s injuries and death, obtaining a High Court judgment for ¢6,400 (including costs). After giving statutory notice under section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958 to Bullard’s insurer, and when the judgment remained unsatisfied, Diafo sued the insurer and sought summary judgment under Order 14. The insurer argued the underlying judgment was invalid, citing that the originating writ had ceased to be in force and raising service concerns, and relied on Windsor v. Chalcraft to justify intervening. Judge Charles Crabbe held that under Order 14 the insurer must disclose facts entitling it to defend; he accepted the unrebutted affidavit asserting the writ had expired, found a triable defence, and refused the application for final judgment, declining to award costs against the plaintiff.

JUDGMENT