AMISSAH J.A.: The plaintiffs, an insurance company, brought an action for a declaration under section 10 (3) of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), that they were entitled to avoid a policy of insurance issued by them to the first defendant on the ground that it had been obtained either by non-disclosure of material facts or by representations of facts which were false in a material particular. Further or in the alternative they sought a declaration that while the vehicle in respect of which the policy was taken, namely, vehicle No. AS 7394 was registered and or used as a passenger vehicle, the policy was inoperative or void. Aboagye J. declined to make the declarations asked for and dismissed the plaintiffs’ claim. The aggrieved plaintiffs now appeal to this court alleging errors on the part of the trial judge in arriving at his conclusion.
The case was originally initiated against the first defendant, Salifu Kojo, alone. The writ was issued on 2 Oct…