ALHAJI SALEM & ANOTHER
V.
G.P.R.T.U. PER THE CHAIRMAN (AUGUSTINE MENSAH)

LAWRENCE L. MENSAH, J.A.

This is an appeal which comes from the Defendants/Appellants hereinafter referred to as the Defendants against the judgment of the High Court Cape Coast dated the 16^th day of June 2017 in favour of the Plaintiff/Respondent who will be referred hereafter as the Plaintiffs.

Facts:

The appeal is about a running down action the facts of which are as follows:- The Plaintiff private road transport company owned Mercedes Benz Sprinter bus with Registration Number GS 3934 – 12 which was a commercial vehicle plying between Mankesim in the Central Region and Obuasi.

Plaintiff’s case:

On the 20^th day of November, 2013 at about 7.00 pm while the Plaintiff’s vehicle was on its journey from Obuasi to Mankessim, the 2^nd Defendant then, in charge of a DAF articulated truck with Registration Number GR 132 N loaded with 600 bags of dried cocoa beans, was travelling from New Edubiase with two passengers on board to Tema. On reaching a spot at Assin Asamankese on the Kumasi-Yamoransah…