AGBEMASHIOR AND OTHERS V. STATE INSURANCE CORPORATION AND OTHERS

ABBAN J.

This is an action brought against the claims manager of an insurance company, a lawyer in private practice and a registered claims agent. They were sued jointly and severally and the endorsement on the writ of summons reads as follows:

“The plaintiffs’ claim is for a total amount of N¢3,900.00 (three thousand nine hundred new cedis) jointly and severally made against the three defendants, following a motor accident on 17 July 1967, which caused plaintiffs injuries for which the first defendant as insurance agent allegedly paid N¢3,900.00 compensation to the second defendant for onward payment to the plaintiffs. The second defendant alleges having paid to the third defendant N¢3,800.00 for onward payment to the plaintiffs, but the said payment has not been effected or at all despite repeated demands on the defendants by the plaintiffs.”

The first plaintiff gave evidence for himself and on behalf of the other two plaintiffs. He stated that on 17 July 1967, he and the other two pla…