JUDGMENT OF OSEI-HWERE J.
[The court having reviewed the evidence and found for the plaintiff in his first claim for ¢59,176 as judgment debt and costs against the defendants under section 10 (1) of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), here continued:] The plaintiff has also sued for four per cent statutory interest on ¢59,176 as interest on the judgment debt and costs under the Judgment Act, 1838 (1 & 2 Vict., c. 110), from 20 January 1975 until judgment of this action. He bases this claim on section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), which permits "any sums payable by virtue of any written law in respect of interest on that sum or judgment" to be exacted by the third party against the insurers. Indeed, under sections 17 and 18 of the Judgment Act, 1838 four per cent interest is allowed on judgment from date of pronouncement in court, or if there is no pronouncement, then from date of entry. Section 111 (1) of the Courts Act, 1971 (Act 372), indicates what Statutes of England, and to what extent, those statutes shall continue to apply in Ghana as statutes of general application. Although the Judgment Act, 1838 is excluded in the First Schedule of Act 372, yet section 111 (8) particularly states:
"(8) Subject to the foregoing provisions of this section, the statutes of England shall cease to apply in Ghana, except in so far as they may be applied by any enactment for the time being in force and no statute of England shall be deemed to be a statute of general application other than a statute referred to in this section."
(The emphasis is mine.) Indeed, before the enactment of the Courts Act, 1971 (which has impliedly repealed the applicability of the Judgment Act, 1838 which hitherto was undoubtedly a statute of general application) section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958 permitted the application of sections 17 and 18 of the Judgment Act, 1838 and, by implication, that Act was incorporated into the Motor Vehicles (Third Party Insurance) Act, 1958.
What I now have to consider is the effect of the implied repeal of the Judgment Act, 1838 on section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958. This brings me face to face with the question of interpretation. Odgers on the Construction of Deeds and Statutes (4th ed.), p. 256 has provided the answer where it is stated [p.501] that where the provisions of one statute are incorporated by re
