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DE GRAFT-JOHNSON AND ANOTHER V. GHANA COMMERCIAL BANK AND ANOTHER

(1973) JELR 67979 (SC)

Supreme Court  •  29 May 1973  •  Ghana

Coram
ABOAGYE J.

Judgement

ABOAGYE J.

The plaintiffs herein have sued the defendants for damages for the death of one Mr. K.M. Eyeson, resulting from the alleged negligence on the part of the driver of the defendants land rover No. GL 9331. The defendants’ said vehicle had been insured with the third-party under insurance policy No. 1498/CH at the time of the accident and the defendants have claimed indemnity against the third-party in the event of the plaintiffs’ action succeeding against them. After third party directions have been given, the third party has brought this application under section 8 of the Arbitration Act (Act 38), and Order 72, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), for a stay of the third-party proceedings and for reference of the difference between them and the defendants to arbitration in terms of condition (8) of the insurance policy which requires that all differences arising out of the policy shall be referred to an arbitration and that an award by s…

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