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NEW INDIA ASSURANCE CO., LTD. v. MANANG

June 25, 1968

COURT OF APPEAL

CORAM

  • AKUFO-ADDO C.J.
  • AZU CRABBE
  • LASSEY JJ.A

Areas of Law

  • Civil Procedure
  • Insurance Law
  • Tort Law

AI Generated Summary

Akufo-Addo C.J., writing for the court, dismissed an application by New India Assurance Co., Ltd., and its counsel for an extension of time to fulfil conditions of an appeal from an order requiring the insurer to satisfy a judgment debt. The case stemmed from an August 1963 injury to Esi Manang, then fourteen, who lost a leg in a motor accident involving John Lagos’s vehicle. After the High Court in Kumasi awarded damages to Manang and later ordered the insurer to pay under the Motor Vehicles (Third Party Insurance) Act, the insurer’s counsel purported to appeal but failed to prosecute. Blaming a typist’s mislabelled correspondence and 'inadvertence,' counsel sought indulgence. The court found the delay inexcusable negligence, emphasised diligence in appellate practice, and refused to disturb the injured child’s settled expectation of repose, dismissing the application with costs.

JUDGEMENT