ESSUMANBA AND OTHERS V. NORWICH UNION FIRE INSURANCE

OLLENNU J.: On 19 May 1967 this court struck out the defence as disclosing no reasonable defence and entered judgment for the plaintiffs. The defendants are now asking the court to review its judgment of 19 May 1967.

The plaintiffs obtained a judgment against the defendants’ insured at the High Court, Cape Coast, on 1 July 1966 in a running down action. The defendants have appealed to the Court of Appeal and an application for stay of execution is pending in that court, a similar application having been refused in the High Court, Cape Coast.

The defendants refused to satisfy the judgment debt and costs after due notice had been given them; the plaintiffs therefore instituted an action in this court under section 10 of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958).

It is interesting to observe here that during the pendency of the Cape Coast suit, the defendants herein engaged solicitors to defend their insured, Owusu-Ansah, when according to their defence the vehic…