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ALFRED WIAFE
V.
TOTAL PETROLEUM GHANA LIMITED & 2 ORS

(2016) JELR 107175 (HC)

High Court 17 Nov 2016 Ghana
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- The court held that the plaintiff failed to discharge the evidentiary and persuasive burdens under Sections 10, 11, 12, 14, 25, and 26 of the Evidence Act to prove he was of unsound mind at the time of executing the discharge receipt; med

Case Details

Suit Number:Suit No.THRC/3/13
Judges:DENNIS ADJEI, JA.
Counsel:Kwadwo Asamoah Banin Esq holding the brief of Kwaku Gyau Baffour Esq for the 1st Defendant. Nana Akosua Korankye-Ankra and with her is Darkoaah Akrofi-Amanor holding the brief of Isaac Ofosu Boateng Esq for the 2nd Defendant. Egbert Faibille Jnr. Esq for the Plaintiff – absent.
Location:Accra

JUDGMENT

The Plaintiff who sustained serious injuries from the motor traffic accident he had on 6th June, 2003 brought an action against the Defendants claiming inter alia for:

“a. An order setting aside the receipt made in or about July, 2004 and thumbprinted by the Plaintiff.

b. Damages for personal injuries sustained and loss of damage suffered by the Plaintiff caused by the negligent driving of John Sam as servant or agent of the first Defendant on 6th day of June, 2003.

c. Replacement value of motor vehicle No. GW 1228 Q”.

The brief facts of the case were that the plaintiff who was a timber contractor and businessman had an accident on 6th June, 2003, at North Ridge. The plaintiff who at the time of the accident was driving his BMW saloon car numbered GW 1228. The accident occurred as a result of the negligent driving of the 3rd Defendant who was then the driver in control and possession of Toyota Corolla Car with No. GT 119 P which was at the material time owned by the 1st Defendant.…

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