GUARDIAN ASSURANCE CO., LTD. V. ADABIE

AMISSAH J.A.: The appellants are an insurance company. They had been brought in as third parties in an action arising out of a motor accident. The plaintiff had sued the defendant for the damage done to his car when the defendant’s car through the negligent driving of the defendant himself collided with the plaintiff‘s car. The defendant was insured with the appellants and brought them in to indemnify him against whatever damages or costs might be awarded against him. The trial circuit judge, Mr. Sampson, awarded the plaintiff a total of ¢2,419.23 with ¢120.00 costs. He further found that the appellants were liable to make these sums, less ¢150.00 which the defendant under the insurance policy was obliged to pay on each claim, good to the plaintiff. The appellants are aggrieved by this decision, hence this appeal. The appellants are aggrieved because they claim that their liability under the policy of insurance determined when the defendant, contrary to the terms of the policy, pleade…