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AMOAH AND ANOTHER
V.
HAMMOND

(1992) JELR 69395 (CA)

Court of Appeal 30 Jan 1992 Ghana
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- The appellate court upheld damages for the replacement value of the plaintiff’s car (less salvage, which should go to the defendants) and loss of use for 14 days, disallowing additional loss of use beyond this period. - Interest on damage

Case Details

Judges:AMPIAH JA, LAMPTEY JA, ADJABENG JA
Counsel:ASUMADU MENSAH FOR THE APPELLANTS; BROWN FOR THE RESPONDENT.

AMPIAH JA.

The plaintiff in this action sued the defendants at the High Court, Accra for loss of use and damages resulting from the negligent driving of the 1st defendant, the driver of the 2nd defendant's vehicle on 2 April 1982. The defendants denied liability. On 18/1/89, the learned trial judge gave judgment for the plaintiff and awarded him ¢350,000 being the cost of the Opel car, ¢300 per day as loss of use for 14 days and interest on the total claim at the prevailing rate of interest to be calculated from 16 April 1982 till the date of final payment. He awarded the plaintiff costs of ¢12,000. The defendants have appealed against the judgment on the grounds that (a) the damages and interest awarded were excessive, (b) the judge erred for refusing to take into account the salvage value of the car in assessing the damages. No additional grounds were filed.

In arguing the appeal, counsel for the defendants who did not seem to dispute the award of interest in the circumstances, submit…

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