STATE INSURANCE CORPORATION vs. AKAFO [1976]DLHC446

Date	1976-03-03
Suit No.
Citation No.	[1976]DLHC446

ANTERKYI J.

F. OBENG FOR THE APPLICANTS.

DAN OKU FOR THE RESPONDENT.

[1976]DLHC446
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													<main id="main" class="content" style="min-height: 60rem" >STATE INSURANCE CORPORATION<o:p></o:p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; vs. <o:p></o:p>AKAFO<o:p></o:p>&nbsp;[HIGH
COURT, HO]<o:p></o:p>[1976] 1 GLR 465<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
3 MARCH 1976.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

F. OBENG FOR THE APPLICANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ANTERKYI J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANTERKYI J.<o:p></o:p>The
defendant-judgment debtors-applicants—the State Insurance Corporation which I
will refer to in this ruling as the applicants—in these proceedings apply by
motion and affidavit for an order to set aside the execution pursued against
them by the plaintiff-judgment creditor-respondent (whom in these proceedings I
will refer to as the respondent).<o:p></o:p><o:p>&nbsp;</o:p>The
history behind this application is as follows: On 21 March 1973 the High Court
sitting at Koforidua had given judgment for the respondent against one Charity
Ago Tamakloe in a running down case, the accident having occurred at a time
when he was insured with the applicants. The judgment was for the sum of
¢13,000.00 damages and ¢120.00 costs.<o:p></o:p><o:p>&nbsp;</o:p>After
service of an entry of judgment on the said Charity Ago Tamakloe on 29 March
1973, and after complying with the provisions of section 10 of the Motor
Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), the respondent by
a specially endorsed writ and statement of claim filed on 22 January 1975 in
this court instituted an action in this court for a declaratory order that the
applicants do pay the total balance of ¢13,142.20 due and owing by the said
Charity Ago Tamakloe to the respondent.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>This
specially endorsed writ was served on the applicant corporation on 21 February
1975. By 19 March 1975 they had entered no appearance when, upon an ex parte
motion for judgment filed on that date, judgment was on 21 March 1975 given
against the applicants. Entry of judgment filed on 14 April 1975 was served on
the applicants on 18 April 1975.<o:p></o:p><o:p>&nbsp;</o:p>Subsequently
the respondent on 29 April 1975 filed a motion ex parte for the issue of a
garnishee order nisi against the Ghana Commercial Bank at the Kaneshie Circle
branch, Accra. This application was granted on 30 April 1975, and a garnishee
summons was issued against the bank. On the return date—20 May 1975—a
representative of the bank appeared in answer to the garnishee summons and
disclosed that the bank had in hand funds of the applicants sufficient to
satisfy the judgment debt and costs awarded against the applicants. This court
therefore ordered that the bank as garnishee do pay the judgment debt and costs
to the respondent.<o:p></o:p><o:p>&nbsp;</o:p>On 26 May
1975 the applicants filed an ex parte motion for “an order to stop payment of
the sum of ¢13,236.00 which the court decreed under a garnishee order.” The
court heard this application the same day and made a stop order but it happened
that payment had earlier been made.<o:p></o:p><o:p>&nbsp;</o:p>A motion
on notice filed on 26 May 1975 for “an order to set aside the judgment” was
being heard on 5 June 1975 when counsel for the a</main>