JUDGMENT
AMISSAH, JA
The plaintiff brought this action in negligence against the defendants. It was tried, and on 23 October 1967 judgment was given awarding damages against the defendants including the first defendant. This motion has now been brought by the State Insurance Corporation and the first defendant to have the judgment set aside on the ground that the first defendant was not notified of the hearing and therefore was deprived of an opportunity of being heard. If that is so, the prejudice which the first defendant suffered was aggravated by the fact that findings were made against him.
The State Insurance Corporation were not a party to the action. But they base their application on the authority of Windsor v. Chalcraft [1939] 1 K.B. 279, C.A. that as insurers of the first defendant, they are under a statutory liability to pay the plaintiff the amount of the judgment and therefore were entitled to be heard on such an application. That was a running-down action in which the plai…