ALLASAN KOTOKOLI
V.
MORO HAUSA AND ANOTHER

(1967) JELR 65551 (HC)    
High Court  ·  4 May 1967 ·  Ghana
 · 
Other Citations
[1967] GLR 298 - 304
CORAM
EDUSEI J.
Core Terms Beta
plaintiff
first defendant
timber truck
evidence
vehicle
truck
defendants
tool-box
cross-examination
carting logs
evidence of negligence
only witness
absence of such evidence
attention of the plaintiff
breach of that duty
case of the second defendants
commonplace of the law of negligence
conflicting evidence
course of his address
doctrine of volenti nonfit injuria
driver of the vehicle
driver’s mate
existence of a legal duty
legal responsibility of the second defendants
london brighton
matter of great public interest
middle portion of the said bench
military hospital
motor accident
negligence of the first defendant
particular circumstances
particulars of negligence
plaintiff vis
present case
proper driving of the timber truck
proper seating accommodation
quarter of a mile
respect of the jury
result of that breach of duty
said daniel korankye
scintilla of evidence
second defendants’ bush manager
serious injuries
servant of the second defendants
south coast railway co.
statement of claim
story of the plaintiff
timber truck registration no. wr
time of the accident
version of the first defendant

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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