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KOAH v. ROYAL EXCHANGE ASSURANCE

April 26, 1968

HIGH COURT

GHANA

CORAM

  • ARCHER J

Areas of Law

  • Insurance Law
  • Contract Law
  • Tort Law

AI Generated Summary

In this High Court judgment by Archer J., the plaintiff sought to compel the insurer of vehicle CR 924 to satisfy a prior damages award after she was injured in a June 24, 1965 accident. The vehicle’s owner, Kojo Arku, and the driver at the time, Braima Salaga, had been held liable in the Cape Coast High Court for N¢10,000.00 damages and N¢200.00 costs. The insurer—identified in the record via documents and certificates as Royal Exchange Assurance, with the Bank of West Africa, Cape Coast acting as agents—had initially allowed other drivers under the policy but, by a December 29, 1964 endorsement effective November 4, 1964, restricted permitted drivers strictly to Kojo Arku (licence No. 36921). Archer J. held that section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958, imposes liability only for “liability covered by the terms of the policy,” which did not include driving by Salaga. The Contracts Act, 1960 section 5 did not assist, as the policy conferred no benefit on Salaga. The action was dismissed.

JUDGMENT