Moro Eliasu v. Seth Nyarko

Per the Plaintiffs’ Writ of Summons and Statement of Claim filed on 7th November, 2017, the Plaintiffs instituted this action against the Defendant for the following reliefs: SPECIAL DAMAGES a) Medical expenses GENERAL DAMAGES a) Loss of dependency b) Loss of future income or earnings c) Pain and suffering d) Loss of life expectancy or years of purchase The gravamen of the claim is contained in paragraphs 3 to 20 of the Statement of Claim, a summation of which is as follows: The Defendant on 15th January, 2018, entered appearance.

On the 10th of April, 2018, the Defendant filed a Defence denying all the averment contained in the Plaintiff’s Statement of Claim.

On the 30th of May, 2018 Application for Direction was filed and directions were taken.

Before the case could proceed to do case management conference parties intimated to the Court to attempt settlement of the suit out of Court.

On 1st March, 2019 the parties filed their terms of settlement, which terms are hereby adopted as consent judgment as between the parties in the following: a. That the Defendant through their insurer, Provident Insurance Company will pay the Plaintiff Sixty Thousand Ghana Cedis (GH¢60, 000. 00) in full and final settlement of the Plaintiff’s claim.

b. That the Defendant through their insurer, Provident Insurance Company Limited will pay Plaintiff’s legal costs in the sum of Nine Thousand Ghana Cedis(GH¢ 9, 000. 00)c. That the Defendant’s insurer, Provident Insurance Company Limited has agreed to pay the Plaintiff the amounts above stated as an indemnity of the Defendant’s liability to the Plaintiff and upon payment , all liabilities of the Defendant to the Plaintiff shall be extinguished.

d. That the Plaintiff has agreed to accept the Sixty Thousand Ghana Cedis(GH¢60, 000. 00) as final payment from Provident Insurance Company Limited, the Defendant insurer.

e. That the Defendant’s insurer, Provident Insurance Company Limited has issued Discharge Vouchers (executed by Plaintiff and Plaintiff’s solicitor) legally binding itself on the agreed amount to be paid to the Plaintiff in fulfillment of its obligation in indemnifying the Defendant’s liability to the Plaintiff.

SGD)JUSTICE GIFTY AGYEI ADDO HIGH COURT JUDGE.