THERESA OFORI v. STAR ASSURANCE COMPANY LIMITED

DOTSE JSC:

This is an appeal lodged by the Plaintiff/Respondent/Appellant, hereinafter referred to as the Plaintiff, against the Court of Appeal decision dated 28th June 2012 which was in favour of the Defendant/Appellant/Respondent hereinafter referred to as the Defendant, which judgment set aside the earlier Kumasi High Court decision of 26th June 2007 presided over by Frank Amoah J.

FACTS:

The Plaintiff who was involved in a motor traffic accident, instituted Suit No. E8/9/05 against one Aaron Owusu Mensah as defendant before the High Court, Kumasi on 12th Augsut 2004.

It is to be noted that, as the said Aaron Owusu Mensah could not be personally served with the writ of summons, the Plaintiff therein in the suit referred to supra, applied for substituted service to have the said defendant served by registered post to P. O. Box 252, Kumasi.

Paragraph 9 of the reply of the Plaintiff in the instant suit captures the said proceedings as follows:

“On 30/8/04 when the defendant Aaron Owusu Mensah had not still been served with a copy of the Writ of summons and the Statement of claim we applied to this Honourable court to serve Aaron Owusu Mensah with the Writ of Summons and the Statement of Caim together with all future papers in connections with the suit by substituted service by posting them to P. O. Box 252, Kumasi and same was granted on 8th September 2004.”

Accordingly, all the future processes that had to be served on the defendant were served by substitution through the postal address given supra.

On the 26th day of June, 2007 the High Court, Kumasi delivered judgment in the case in favour of the Plaintiff in suit No. E8/9/05 in the adjudged sum of ¢739,000,000.00 now GH¢73,900.00

Armed with the said judgment, the plaintiff herein on the 28th day of December 2007, instituted the instant suit against the insured of the Defendant in suit No. C8/9/05, who are the defendants herein. The plaintiff claimed before the High Court in suit No. C8/57/08 the following reliefs:-

Writ of summons

The Plaintiff’s claim against the Defendants is for an order that the judgment debt and costs obtained in suit No. C8/9/05 on 26/6/07 in this Honourable Court by the Plaintiff against Aaron Owusu Mensah an insured of the Defendant be enforced against the Defendant herein.

b. The Plaintiff also claims interest on the said judgment debt and costs i.e. A total sum of Seven hundred and thirty nine million (¢739,000,000.00) inclusive of the fifty million cedis cost (¢