HIGH COURT, ACCRA
Date: 12 JUNE 1975
ABOAGYE J
NATURE OF PROCEEDINGS
APPLICATION under Order 14, r. 1 of L.N. 140A for summary judgment in satisfaction of a judgment debt under section 10 (1) of the Motor Vehicles (Third Party Insurance) Act, 1958. The facts are sufficiently stated in the ruling.
COUNSEL
Mustapha for the plaintiff.
R.G. Korsah for the defendants.
JUDGMENT OF ABOAGYE J.
The plaintiff claims from the defendants under section 10 (1) of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), the sum of ¢4,422.90 being judgment debt and costs awarded against an undisclosed insured of the defendants. The plaintiff has applied for judgment under Order 14, r.1 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), and the defendants oppose the application on the ground that they were not given the statutory notice under section 10 (2) of the Motor Vehicles (Third Party Insurance )Act, 1958.
In order to bind an insurance company to satisfy a judgment debt awarded against the insured, the company must be given notice of the intended action either before the commencement of the action resulting in the judgment or within fourteen days of the commencement of the action: see section 10 (2) (a) of the Motor Vehicles (Third Party Insurance)
[p.176] of [1975] 2 GLR 175
Act, 1958. From the letters tendered by Mr. Mustapha it cannot be inferred that any notice was given by the plaintiff to the defendants. Asking an insurance company whether they intend to settle a claim against their insured or to fight it out in court is no notice under section 10 (2) (a) of the Motor Vehicles (Third Party Insurance) Act, 1958.
In my view, therefore, the defendants have a prima facie defence to the plaintiff’s action and I grant them leave to defend. The defence filed on 10 March 1975 is to remain on the docket as one filed in pursuance of this order.
DECISION
Leave to defend action granted.
S.Y.B.-B.
