DANIEL KAMARA vs. NSIA INSURANCE CO. LTD.

RICHARD ADJEI-FRIMPONG (JA): In this appeal, we are to determine an issue not of any wide compass. Need an insured in a running down action whose liability has been determined in the injured party’s prior action, be made a defendant again in a subsequent action brought against the insurance company by the injured party to enforce the prior judgment? The court below in this case, answers the issue in the affirmative and decides to join the insured to the subsequent suit as 2nd defendant. The plaintiff is aggrieved and appeals in this court. In this discourse, we are mindful that the question of joinder is one of discretion, hence beyond the issue set out, we must find good grounds to interfere with the discretion exercised by the court below. We shall come back to deal with the applicable principles, but first, the background facts of the case. On 23rd September 2016, the insured, Wahab Iddris was riding his Jianshie motorbike from Accra to Kasoa with the appellant herein as hi.....