[1960]DLCA289 • January 18, 1960 • Court of Appeal
SASU vs. WHITE CROSS INSURANCE CO. LTD.
The plaintiff insured a motor vehicle with the defendant insurance company. The vehicle was involved in an accident caused by a defect in the steering mechanism (a disconnected ball joint due to a loose nut and stripped thread). The vehicle was sent to the defendant's agents for repairs, but the defendant refused to complete repairs or acknowledge liability, alleging the plaintiff failed to maintain the vehicle in efficient condition. The plaintiff claimed indemnification for the full insured value of £855, which the court noted was excessive given the vehicle's part-worn condition and prior accident history.
read moreJUDGMENT OF VAN LARE J.A. Van Lare, J.A. delivered the judgment of the court: The plaintiff in this case in effect claims to be indemnified by the defendant company under the terms of the insurance policy by which the defendant company were the insurers of the plaintiff’s motor vehicle. When the motor vehicle in question was overturned as a result of a defect in the steering mechanism it was taken on the instructions of the defendant company to their agents, C.F.A.O. Motor Workshop, Accra, for repairs. The defendant company, however, later refused to complete the repairs upon which they had started, or to acknowledge any liability under the policy, on the ground that the defect which caused the accident and resulting damage was due to a failure on the part of the plaintiff to maintain the vehicle in efficient condition. The plaintiff, maintaining that he had properly maintained the vehicle in efficient condition, instituted this action. He appears to quantify his damage.....