(1962) JELR 65550 (HC)    
High Court  ·  25 Jun 1962 ·  Ghana
Other Citations
[1962] 1 GLR 495
Core Terms Beta
first defendant
water supplies lorry
first defendant’s lorry
6th july
court of appeal
date of the accident
native treatment
water supplies’ driver
comparable cases
compound fracture of both thighs
djabanor j.
driver of the water supplies lorry
excessive speed
fault of the driver of vehicle no.
fault of the moving
first duty of the plaintiff
g3,000 damages
kumasi-tamale motor road
long time
moving vehicle
much money
narrow bridge
native doctor’s treatment
native medical attention
personal injuries
plaintiff’s claim
reasonable amount of care
reasonable expenses
richard thomas
said driver
second defendants
second defendant’s lorry no.
servant of second defendant
shortness of the right leg
statement of defence
stationary water supplies lorry
sufficient room
tamale hospital
testimony of the plaintiff
trial judge’s award
various things

DJABANOR J.: The plaintiff’s claim was against the first and the second defendants jointly and severally for £G3,000 damages for personal injuries to the plaintiff caused by the first defendant, a servant of second defendant on the 6th July, 1960, while negligently driving the second defendant’s lorry No. AN 4947 on the Kumasi-Tamale motor road.

The first defendant in his statement of defence denied that he was negligent and put the blame for the accident on the driver of the water supplies lorry, No. WE 5255, charging the said driver with negligently and suddenly coming across the road thus confronting him, the first defendant, head on in circumstances in which no reasonable amount of care could have prevented a collision.

The first duty of the plaintiff was therefore to prove that the first defendant was negligent. This he set out to do, in my view successfully. He said he was a passenger in the first defendant’s lorry from Kumasi to Tamale. Before the accident the driver, the first d…

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