Wakilii

Rex v Singh (Criminal Appeal No. 368 of 1950 (Case Stated))

East African Court of Appeal · [1950] EACA 101 · 1950 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal by way of case stated by the Attorney General against acquittal by Resident Magistrate's Court at Kisumu
Decision
Accused acquitted on the charge of using a motor-cycle without valid third party insurance

Observed later treatment

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Holding

The Court held that although the insurance policy contained a proviso excluding coverage when the driver lacked a Certificate of Competency or driving licence, section 8 of the Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945 rendered such conditions void as respects third party liabilities required to be covered under section 5. The insurer could not avoid liability to a third party claimant on the ground that the insured had breached a policy condition, though the insurer might subsequently recover from the insured. The acquittal was upheld.

Outcome

Accused acquitted on the charge of using a motor-cycle without valid third party insurance

Facts

The accused was charged with riding a motor-cycle without valid third party insurance, and with three other offences including dangerous driving and driving without a Certificate of Competency or driving licence. He was convicted on the latter three counts but acquitted on the insurance charge. At the time of the offence, the accused possessed neither a Certificate of Competency nor a driving licence, but he produced a Certificate of Insurance issued by Jubilee Insurance Company. The policy contained a proviso excluding coverage for any person driving who was not duly licensed or permitted under the licensing or other laws to drive the motor-cycle. The Resident Magistrate acquitted the accused on the insurance charge, concluding that the policy provided a complete answer to the charge. The Attorney General appealed by way of case stated.

Issues

  1. Whether a policy of insurance against third party risks remains valid when the owner or person driving a motor vehicle lacks a Certificate of Competency or driving licence.
  2. Whether section 8 of the Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945 renders void policy conditions that would exclude liability where the insured drives without lawful competency.
  3. Whether the proviso in the insurance policy excluding coverage for unlicensed drivers applied to the insured himself or only to other persons driving with his permission.

Orders

  • Appeal dismissed.
  • Acquittal of the accused on the fourth count upheld.
  • Case not remitted to the Magistrate for further action.

Rules and key headnotes

Motor Vehicles Insurance — Third Party Risks — Effect of Section 8 on Policy Conditions
Section 8 of the Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945 renders void any policy condition that would prevent a claim from arising or cause liability to cease, as respects liabilities required to be covered under section 5, including liability for death or bodily injury to third parties caused by use of the vehicle on a road.
Motor Vehicles Insurance — Insurer's Liability to Third Parties — Breach of Policy Conditions
An insurer cannot avoid liability to a third party claimant by relying on a policy condition breached by the insured, such as driving without a Certificate of Competency or licence, although the insurer may have a subsequent right of recovery against the insured under section 10(1) of the Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945.
Insurance Policy Construction — Application of Proviso to Insured and Permitted Drivers
A proviso in an insurance policy excluding coverage where the driver is not duly licensed applies equally to the insured and to any person driving on the insured's order or with his permission; there is no canon of construction that would warrant applying the proviso to one category of driver only.
Motor Vehicles — Offence of Using Vehicle Without Valid Insurance — Validity of Policy
Where an accused is charged with using a motor vehicle without valid third party insurance, the charge is not maintainable if the accused holds a policy of insurance that, by operation of section 8 of the Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945, would require the insurer to satisfy a third party claim notwithstanding any breach of policy conditions by the insured.

Legislation cited (7)

  • Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945 s.4(1)
  • Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945 s.5
  • Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945 s.8
  • Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945 s.10(1)
  • Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945 s.10(2)
  • Motor Vehicles Insurance (Third Party Risks) Ordinance, 1945 s.10(4)
  • Traffic Ordinance (Cap. 232 of the 1948 Laws of Kenya) s.13(1)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Rex v Singh (Criminal Appeal No. 368 of 1950 (Case Stated)) [1950] EACA 101 (1 January 1950)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.