ABOAGYE
V.
ENGMANN AND ANOTHE

(1988) JELR 63715 (HC)    
High Court  ·  19 Dec 1988 ·  Ghana
 · 
Other Citations
[1989-90] 1 GLR 416
CORAM
BROBBEY J.
Core Terms Beta
plaintiff
accident
first defendant
second plaintiff witness
loss of use
reasonable man
time of the accident
instant case
lane of the ford bus
scene of the accident
second defendant
sketch plan
amended statement of claim
cost of the vehicle
court of appeal
cross-examination
different place
alleged negligence of the first defendant
basic rule
birmingham waterworks co.
british transport commission
case of the defence
commencement of the trial
cost of his ford transit bus
driver of the vehicle
fatal consequences
following day
fundamental issue
general damages
last positive fact
left of his own lane
loss of the vehicle
loss of use of the said vehicle
mental state
negligent driving of the first defendant
only evidence
opposite direction
part of the case of the plaintiff
plaintiff claims
plaintiff’s case
plaintiff’s original writ
positive evidence
resultant positions of the vehicles
result of the driver of the overtaking vehicle
right side of the second plaintiff witness
second defendant company
statement of claim
undisputed facts
value of the vehicle

JUDGMENT

BROBBEY J.

In the plaintiff’s original writ of summons, he claimed:

“(a) ¢2.2 million being the cost of his Ford Transit bus with registration number ARC 5388; (b) general damages; (c) loss of use of the said vehicle at ¢8,000 per day from 5 October 1986 to the date of final judgment; and (d) incidental expenses totalling ¢11,350.”

The plaintiff amended his statement of claim before the commencement of the trial and in paragraph 11 of the amended statement of claim, he claimed only ¢2.2 million being the cost of the vehicle and loss of use from 5 October 1986 to the date of judgment at ¢8,000 per day. On top of these, the amended statement of claim ended with the statement “wherefore the plaintiff claims as per his writ of summons.” In effect, after amending the writ, the plaintiff re-claimed what he seemed to have amended. During the trial, the only evidence led on the reliefs related to the loss of use and cost of the vehicle. No evidence was led on the other heads of claim. Th…

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