STATE INSURANCE CORPORATION V. FRAFRA & ORS
(1977) JELR 82464 (CA)
Court of Appeal
•
12 Dec 1977
•
Ghana
Coram
ARCHER J.A, ANNAN J.A AND FRANCOIS J.A.
Appearances
E. D. Kom (with him Allotei Cofie) For the Appellants. E. O. Appiah For the Respondents.
Judgement
<p style="text-align: justify;"><strong>ARCHER J.A.</strong> </p><p style="text-align: justify;">On 13 April 1968, the respondents sustained injuries while travelling in vehicle No. AT 7431 on the Savelugu-Bolgatanga road in the Upper Region. Afterwards they sued the owner of the vehicle for damages in respect of their bodily injuries and on 24 January 1972, the High Court at Tamale awarded damages to each of the respondents; the total amount involved was ¢30,500.00 with ¢500.00 costs. The respondents then claimed payment of the judgment debt from the appellants who were the insurers of the owner of the vehicle, Alhaji Yahaha, by virtue of section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), but they were confronted by the appellants, relying on the policy of insurance, with the legal contention that the contract of insurance covered the period 1 April 1967 to 31 March 1968 and, as the accident happened on 13 April 1968, after the expiry of the policy, the appellants were not liable for the third party risks for which the certificate of…</p>