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March 8, 1968
HIGH COURT
GHANA
CORAM
JUDGMENT OF OWUSU AG.J.
In this case the appellant was convicted on his own plea to a charge of permitting the use of a vehicle without third party insurance policy contrary to the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), s. 3 (1) and (2) at the Circuit Court, Sekondi, on 30 November 1967. He was sentenced to a fine of N¢25.00 or one month's imprisonment; in addition he was disqualified from driving for twelve months. Against this disqualification he appealed to this court.
It was argued on his behalf that at the trial it was explained that the appellant did not receive a renewal notice from his insurers and he was relying on that to let him know when he was to renew the policy; the insurers failed to do so in time, and that the explanation should have constituted a special reason to enable the trial circuit judge to waive the disqualification.
The Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), s. 3 provides:
"3. (1) Subject to the provisions of this Act no person shall use, or cause or permit any other person to use, a motor vehicle unless there is in force in relation to the user of that motor vehicle by such person or such other person, as the case may be, such a policy of insurance or such a security in respect of third party risks as complies with the provisions of this Act.
(2) Any person acting in contravention of this section shall be liable on conviction to a fine not exceeding [N¢400] or to imprisonment for one year or to both such fine and imprisonment and a person convicted of an offence under this section shall be disqualified from holding or obtaining a driving licence.
(3) A disqualification under the provisions of subsection (2), unless the court for special reasons to be recorded otherwise orders, shall be for a minimum period of twelve months from the date of the conviction . . ."
In the State v. Adams, High Court, Sekondi, 21 June 1965, unreported; digested in (1965) C.C. 185 the High Court, Sekondi, presided over by Koranteng-Addow J. set aside the sentence of disqualification for special reasons. In Pilbury v. Brazier [1950] 2 All [p.232] E.R. 835, a policy was not renewed because of an oversight, and the court held this was special reason. In Lyons v. May (1948) 65 T.L.R. 51, the owner of a motor lorry sent it to a garage to be repaired. When the repairs were done the owner requested the garage proprietor to deliver it at his premises, and the garage proprietor did so. The own
AI Generated Summary
OWUSU AG.J. considered an appeal against a twelve-month driving disqualification imposed after the appellant a0was convicted on his own plea for permitting the use of a vehicle without third-party insurance under section 3 of the Motor Vehicles (Third Party Insurance) Act, 1958. Counsel explained that the appellant had relied on a renewal notice from his insurers, which did not arrive in time, and argued this constituted a "special reason". The court examined the statutory framework, noting that section 3(3) allows exceptions for special reasons, and looked to analogous UK authorities under Road Traffic Act, 1930, section 35(2), and cases such as State v. Adams, Pilbury v. Brazier, Lyons v. May, Reay v. Young, and Hammond v. O'Sullivan. Finding disqualification not mandatory and discretion available, the court declined to eliminate disqualification but exercised discretion to reduce its duration to three months, effective from November 30, 1967.