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June 21, 1966
HIGH COURT
GHANA
CORAM
JUDGMENT OF CHARLES J.
The plaintiff’s claim is for:
"(1) A declaration that the judgment dated 1 June 1965 obtained by the plaintiff against Iddrisu Teaore for the sum of £G3,500 0s. 0d. (¢8,400.00) and £G105 costs (¢252.00) in an action in the High Court of Ghana, Tamale, entitled Mama Bukari v. Iddrisu Teaore No. 65/1964 was in respect of a liability required to be covered by a policy of insurance or a security under the Motor Vehicles (Third Party Insurance) Act, 1958.
(2) A declaration that by the joint effect of the provisions of a policy of insurance bearing number 77/BM4099 and a certificate of insurance with number 4099 issued by the defendants in favour of the said Iddrisu Teaore for the period 29 August 1962 to 28 August 1963 and the provisions of the Motor Vehicles (Third Party Insurance) Act, 1958, the defendants are liable to pay to or to the satisfaction of the plaintiff the sum of £G3,605 (¢8,652.00) being the sum payable under the said judgment including costs.
(3) The said sum of £G3,605.00 (¢8,652.00) with interest thereon at the rate of five per centum per annum."
This action arises out of a motor accident on 16 August 1963 in which the plaintiff sued Iddrisu Teaore in the High Court, Tamale, and obtained judgment on 1 June 1965 for £G3,500 being damages awarded to him for personal injuries suffered by him as a result of the accident with costs assessed at £G105. At the material time of the accident Iddrisu Teaore was issued with a policy of insurance by the defendants in respect of motor vehicle No. AS 3541 under which the defendants undertook to indemnify Iddrisu Teaore against claims and costs which Iddrisu Teaore might have been legally liable to pay in respect of injuries caused by or arising out of the use of the said motor vehicle in compliance with the provisions of the Motor Vehicles (Third Party Insurance) Act, 1958,1 (hereinafter referred to as the Act). The facts in this case are not in dispute. The sole issue in this case is whether the plaintiff can invoke the provisions of section 10 (1) of the Act and thereby obtain an order from this court to compel the defendants to satisfy the judgment and costs awarded to him against Iddrisu Teaore.
It therefore behoves me to consider the relevant sections of the Motor Vehicles (Third Party Insurance) Act, 1958, to decide this issue. Section 6 (1) reads as follows:
[p.527]
"6. (1) A policy of insurance for the purposes of this Act must be a policy which—
(a) is issued by a
AI Generated Summary
Following a motor accident on 16 August 1963, Mama Bukari obtained a High Court judgment in Tamale against the driver, Iddrisu Teaore, awarding £G3,500 in damages and £G105 in costs. Bukari then brought these declaratory proceedings against Teaore’s insurers, seeking to compel them to satisfy that judgment under the Ghana Motor Vehicles (Third Party Insurance) Act, 1958. The defendants had issued policy no. 77/BM4099 and certificate no. 4099 for vehicle AS 3541 covering the period 29 August 1962 to 28 August 1963, and the policy extended beyond the minimum statutory requirements. Charles J. held that section 10(1) requires insurers to pay only judgments relating to liabilities that the Act mandates to be covered under section 6(1)(b). Because Bukari was travelling in a private car, not a passenger vehicle or under a contract of employment, his injuries were not within the class the Act requires insurers to cover. The court therefore dismissed Bukari’s claim against the insurers and entered judgment for the defendants, with costs assessed at ¢480.00.