STATE INSURANCE CORPORATION vs. OPOKU-DARKWA

This is an application by the State Insurance Corporation (which shall hereafter be referred to simply as the applicants) the underwriters of the defendant in this action, to set aside a default judgment obtained by the plaintiff against the defendant on or about 25 March 1974. The facts on which the applicants are seeking to set aside the said judgment as set out in their original supporting affidavit are that they were persons who have been injuriously affected by the said judgment as they were under a statutory dutv to pay the plaintiff the amount of the judgment and that if the judgment remains undisturbed by an order of the court they would be liable to the plaintiff in the sum awarded in the absence of any defence. The propriety of the application is not in doubt. For the right of insurers to set aside default judgments obtained against their insured is now set to rest by authorities: see Jacques v. Harrison (1883) 50 L.T 246, C.A., Windsor v. Chalcraft [1938] 2 All E.R. 75...