BENTSI-ENCHILL J.S.C. (DISSENTING)
The question raised by this appeal is of obvious public importance affecting not only insurance companies but everybody else, whether as insured motorists or as the potential victims of motor accidents. Does our Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), hereinafter referred to as the Act, place any restrictions on the contractual freedom of insurance companies to issue third party policies subject to conditions which can result in avoiding liability to third parties injured as a result of the use of vehicles required to be covered by such insurance? More specifically, where a policy of third party motor insurance contains a suspensory condition rendering the policy inoperative whenever the insured vehicle is driven by someone other than the person named in the policy as the driver, is the insurer nevertheless rendered liable by the Act to a third party injured whilst the vehicle is being driven by someone other than the named…