Apaloo, J.A.: On 8th February 1967, we allowed an appeal from the judgment of the High Court in this matter. We set aside that judgment and restored the judgment of the circuit court given in favour of the appellant. We intimated that we would set out our reasons later on and this we now proceed to do.
The case arose as a result of an accident which occurred on Hall Avenue, Accra, on 16 December 1962. The facts which gave rise to the action, are not in dispute. The appellant was the owner or, at any rate, was in charge of a Morris Oxford saloon car No. SG 7591. At about 4.30 p.m., on the aforesaid date, he parked this car in Hall Avenue. The appellant himself remained seated in the car. The respondent who was then driving a Mercedes Benz saloon car No. AF 6277, reversed into Hall Avenue and hit the appellant's car while it was still stationary. This collision damaged the bonnet and radiator grille of the appellant's car. Accordingly, the appellant drove his damaged car to the garage of…