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ALLASAN KOTOKOLI
V.
MORO HAUSA AND ANOTHER

(1967) JELR 65551 (HC)

High Court 4 May 1967 Ghana
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- Plaintiff’s negligence claim dismissed; court found no breach of duty by the first defendant as reasonable care was taken in providing available seating, and no evidence supported excessive speed. - Second defendants (employers) held not

Case Details

Judges:EDUSEI J.
Counsel:ADUAMUAH FOR THE PLAINTIFF; PUPLAMPU FOR THE DEFENDANTS.
Other Citations:[1967] GLR 298 - 304, JELR 86808

EDUSEI J.: In this action the plaintiff is claiming from the defendants jointly and severally £G5,000 or N¢10,000 damages for injuries sustained in a motor accident due to the negligence of the first defendant who was the driver and servant of the second defendants.

The facts as revealed by the evidence are as follows: The first defendant was driving his timber truck registration No. WR 4019 on 5 September 1961 on the Oda-Abenase road. The plaintiff was walking along the same road to his farm when the first defendant pulled up by his side. The first defendant alighted from his truck and had a chat with the plaintiff for some few minutes. According to the first defendant he then went into his timber truck and drove off not knowing that the plaintiff had gone on to the truck. The plaintiff on the other hand stated that the first defendant, after their short conversation, offered him a lift on the timber truck which was going in the direction of his farm. On the evidence before me, I pref…

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