ENTERPRISE INSURANCE CO. LTD. vs. ABBAN

JUDGMENT OF JONES-MENSAH J. The plaintiff’s suit against the defendants is for the benefit of the estate of his mother, Ama Mends (deceased), for himself and for other dependents of the deceased. Ama Mends was killed in a motor accident involving motor vehicle GM 2138 which belonged to the first defendant, the insured. The said vehicle was at the time of the accident insured by the second defendant-company. The plaintiff founded his claim on negligence against the insured and joined the second defendant as insurer of the first defendant by virtue, he says, of the obligations of the second defendant to the deceased under the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958). The present motion which is brought by the insurer, the second defendant, prays for an order to discharge it from the action on grounds that the plaintiff has no cause of action against the insurance company and could not therefore have properly joined the insurance company in this action. Cou.....