ANNAN J.: The plaintiff claims damages against the defendants for:
“injury and consequential loss caused by the negligent driving of one Ofori Yaw as servant or agent of both or either the defendants in driving the motor vehicle bearing registration number CR 100 and or by the breach by both defendants or either of them of statutory duty under section 3 of the Motor Vehicles (Third Party Insurance) Act, 1958.”
The second defendant could not be found for service on him of the writ and the action was prosecuted only in respect of the first defendant.
On the amended statement of claim the plaintiff set out the following particulars:
“(1) that on the date of the accident, 14 December 1962, he was a passenger for reward on vehicle No. CR 100 belonging to both defendants.
(2) That the vehicle was in charge of and being driven by one Ofori Yaw.
(3) Through the negligence of Ofori Yaw in the course of his employment, vehicle No. CR 100 collided with a stationary vehicle on the road, left the road…