ROYAL EXCHANGE ASSURANCE vs. OWUSU

JUDGMENT OF MILLES-ODOI J.S.C. This is an appeal against the decision of the High Court, Accra (Prempeh J. as he then was) whereby the defendants-appellants (hereinafter referred to as “the insurers”) were adjudged liable to the plaintiff-respondent (hereinafter shortly referred to as “respondent”) for the sum of £G1,473 10s. being judgment debt and costs awarded in a previous action in favour of the self-same respondent against the insurers’ insured and his driver for the negligent driving of motor-car No. AE 4305. The facts which are too clear for argument are as follows: On 29 July 1960 the insured took out an insurance policy in respect of his private motor-car, Vauxhall Velox Saloon No. AE 4305, against third party risks with the insurers. The liability under the policy was limited to the use of the motor-car for only social, domestic and pleasure purposes and for the insured’s business. It did not, and was not intended to, cover use for hire or reward or for raci...