BUKARI v. NORWICH FIRE INSURANCE SOCIETY LTD.

This case involves a dispute over insurance liability following a motor vehicle accident. The plaintiff, who was injured while riding in a private car driven by Iddrisu Teaore, obtained a judgment against Teaore for damages and costs. The plaintiff then sought to compel Teaore's insurance company (the defendants) to pay the judgment amount under section 10(1) of the Motor Vehicles (Third Party Insurance) Act, 1958. The court examined the relevant sections of the Act, particularly sections 6(1), 8, and 10(1). The key issue was whether the insurer could be held liable for injuries to a passenger in a private vehicle, which was not required to be covered under the Act. The court ruled that while the insurance policy issued by the defendants to Teaore covered liability wider than required by the Act, the insurer's liability to third parties under section 10(1) is limited to injuries that are required to be covered by the Act. Since the plaintiff was travelling in a private car and not under a contract of employment or in a passenger vehicle, the Act did not require insurance coverage for such a passenger. The court interpreted the phrase "being a liability covered by the terms of the policy" in section 10(1) to mean a liability which is required to be covered by the policy under section 6 of the Act. The court emphasized that the Act imposes liability on insurers to third parties despite no privity of contract, but only for injuries required to be covered under the Act. Consequently, the court held that the plaintiff could not invoke section 10(1) of the Act to compel the defendants to satisfy the judgment against Teaore. The plaintiff's claim was dismissed, and judgment was entered in favor of the defendants with costs.