GH - KATZ v. ARMON AND ANOTHER

JUDGMENT OF ANTERKYI J.

This is an application by the defendants to set aside the service on them of the writ in this case on grounds of immunity from the jurisdiction of the court.

By the endorsement on the writ filed on 18 May 1967 the plaintiff "claims N¢10,000.00 through her next friend, Hanan Katz, against the defendants jointly and severally (whereof N¢100.00 represents special damages) being damages for injuries and losses suffered by the plaintiff as a result of the negligence of the first defendant the servant or agent or both of the second defendant."

In the statement of claim filed together with the writ, after pleading by the first seven paragraphs the circumstances in which the car accident occurred the plaintiff pleaded further that:

"(8) The plaintiff says that at the material time the first defendant was driving as the servant or agent or both of the second defendant.

(9) The plaintiff says that after the accident the second defendant gave the address of the London & Lancashire Insurance Co., Ltd. as his insurers and told the plaintiff to contact the insurance for any claim she may have.

(10) The plaintiff says that before she could contact the said insurance company she received a letter saying that passenger liability is excluded under the terms of the policy and therefore no claims will be entertained by them.

(11) The plaintiff will contend that she was not a passenger and that the insurance company is liable to satisfy any damages which she may be awarded against the first defendant.

(12) The plaintiff says that the insurance company has accordingly been notified under the terms of the Motor Vehicles (Third Party Insurance) Act, 1958, and will proceed against the insurance company for the satisfaction of any damages that may be awarded against the first defendant.

PARTICULARS OF INJURIES

(a) Nasty laceration of face, arms and leg.

(b) Contusion of right calf, left buttocks and neck.

(d) Dislocation of left thumb.

[p.627]

PARTICULARS OF SPECIAL DAMAGE

(a) Necklace .. .. .. .. .. N¢ 4.00

(b) Handbag, medium size .. .. .. N¢ 3.00

(d) Contents of ¢12.00 .. .. .. N¢ 12.00

(e) Mirror and cosmetics .. .. .. N¢ 4.00

(f) Ball point pen `Parker' .. .. .. N¢ 2.00

(g) Women's dress .. .. .. .. N¢ 60.00

(h) Finger ring .. .. .. .. .. N¢ 5.00

(i) Bracelet .. .. .. .. .. N¢ 5.00

N¢100.00"

Upon the writ and statement of claim being served on the defendants