EDUSEI J.
The plaint of the plaintiff in his writ reads as follows;
“The plaintiff’s claim is for damages for loss and damage suffered by the plaintiff as a result of a breach of statutory duty on the part of the defendant. Further or in the alternative the plaintiff’s claim is for damages for loss and damage suffered by the plaintiff as a result of the negligence and/or breach of duty on the part of the defendant and/or his servants.”
A statement of claim accompanied the writ of summons. In the course of addresses Mr. Amua Sekyi, counsel for the plaintiff, intimated to the court and to counsel for the defendant Mr. Cann that he would not pursue his claim based on a breach of statutory duty. This in effect means that the first limb of the plaintiff’s claim has been abandoned, and the plaintiff’s claim has been fought on negligence.
The plaintiff’s case is that in the early hours of 1 January 1969, his driver the plaintiff’s first witness was driving his taxi-cab No. WR 6511 along the Axi…