NEW INDIA ASSURANCE CO., LTD. v. MANANG

JUDGMENT OF AKUFO-ADDO C.J.

Akufo-Addo C.J. delivered the ruling of the court. This is an application by the defendants for an extension of time in which to fulfil conditions of appeal.

The plaintiff herein, a girl, then fourteen years old, brought an action in August 1963 against one John Lagos, the owner of a motor vehicle, for damages for the loss of a leg suffered by her in a motor accident in which the vehicle of the said John Lagos was involved.

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On 31 October 1963 the High Court, Kumasi, where the action was brought, gave judgment in favour of the infant-plaintiff and awarded her £G2,537 15s. damages and costs.

The said John Lagos had insured his vehicle with the New India Assurance Co., Ltd. The plaintiff's solicitor by a letter on 1 November 1963, requested the New India Assurance Co., Ltd. to satisfy the said judgment in pursuance of the provisions of section 10 (1) of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958). The insurance company by a letter dated 12 November 1963, refused to satisfy the said judgment on the ground that they hoped to obtain a declaration against the assured, the said John Lagos, for the annulment of the policy in pursuance of the provisions of section 10 (3) of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958).

The plaintiff thereupon issued out an originating summons for the determination of all questions between her and the New India Assurance Co., Ltd. with respect to the insurance company’s liability to satisfy the judgment debt and costs and, in particular for an order directing the insurance company to make payment to her of the said judgment debt and costs.

On 29 March 1965, the High Court, Kumasi, (presided over by Okyere Darko J.) which heard the summons ordered the insurance company to pay the judgment debt and costs and awarded 30 guineas costs. According to the defendants' counsel he immediately filed an appeal against the said order. The conditions of appeal have since not been fulfilled. About two weeks ago the embryonic appeal was listed to come before this court for an order to strike it out. The defendants' counsel promptly filed this application, and the affidavit in support thereof was sworn to by Mr. Edward Kingsley Akyea-Djamson who describes himself as a partner in a firm of lawyers in Accra and who is counsel appearing on this application.

The initial fact to which Mr. Akyea-Djamson deposed was that until he saw the case listed to be struck