REPUBLIC VRS USSIF AYUBA (D14/11/21) [2021] GHACC 4 (26 June 2021)
The accused was found guilty because at the time of the accident, the vehicle was not covered by a valid insurance policy, as evidenced by the insurance certificate issued after the accident. Payment prior to issuance did not constitute compliance, and no evidence was provided that the delay in issuance was due to an error by the agent.
- Citation
- [2021] GHACC 4
- Parties
- Prosecution: The Republic; Accused: Ussif Ayuba
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 26 June 2021
- Case Number
- D14/11/21
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction and sentence
- Legal Topics
- Use of Motor Vehicle Without Insurance, Strict Liability Offences, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Ussif Ayuba
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused used a motor vehicle without valid insurance at the time of the accident
- 2 Whether payment for insurance prior to issuance constitutes compliance with the law
Ratio Decidendi
The accused was found guilty because at the time of the accident, the vehicle was not covered by a valid insurance policy, as evidenced by the insurance certificate issued after the accident. Payment prior to issuance did not constitute compliance, and no evidence was provided that the delay in issuance was due to an error by the agent.
Court Disposition
conviction and sentence
Orders
- Convict sentenced to one-day imprisonment.
- Convict fined 250 penalty units payable by 29th June, 2023.
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