[1964]DLHC142 • March 23, 1964 • High Court
AFRIYIE vs. GUARDIAN ASSURANCE COMPANY
The plaintiff was injured in a motor accident caused by the negligence of the vehicle's driver, Kofi Fofie. The vehicle was insured by Lion of Africa Insurance Co. Ltd., whose liabilities were taken over by Guardian Assurance Company. The plaintiff obtained a judgment against the drivers for damages. Guardian Assurance Company refused to satisfy the judgment, arguing that the vehicle was under a hire-purchase agreement with Assad & Co. and that the purported sale to Emmanuel Osei (alias Osei Kwaku) was invalid, thus negating Osei's insurable interest.
read moreJUDGMENT OF DJABANOR J. On or about the 29 June 1961, the plaintiff was involved in a motor accident while travelling in vehicle No. AN. 293 driven by one Kofi Fofie. The accident was caused by the negligence of the said Kofi Fofie. On or about 16 January 1963, the plaintiff commenced proceedings against Osei Kwaku alias Emmanuel Osei and Kofi Fofie for damages for the injuries she sustained in the accident and on 27 June 1963 judgment was entered in her favour for £G2,404 15s. and 63 guineas costs. The said vehicle was at the time of the accident insured by the Lion of Africa Insurance Co. Ltd. whose assets and liabilities have now been taken over by Guardian Assurance Company. The said Guardian Assurance Company, the defendants in this originating summons, are refusing to satisfy the judgment debt in accordance with the terms of the Motor Vehicles (Third Party Insurance) Act, 1958,1 on the ground that: “The vehicle was at all material times the property of As...