ANIN J.A.
This is an appeal by the first defendant only (the appellant for short) from the judgment of the Takoradi Circuit Court dated 10 March 1971, awarding ¢1,700.00 damages in favour of the plaintiff (the respondent herein) in an action instituted under the Civil Liability Act, 1961 (Act 176), in respect of the death of his brother, Adama Busanga.
The gist of the respondent’s case was that on the day in question at about 7 p.m. the late Adama Busanga, an employee of the appellant was on board the appellant’s vehicle as it was being driven by his driver and servant, the second defendant. They were travelling from Aboso towards Tarkwa; and on reaching the A.B.A. junction, the second defendant so carelessly drove the vehicle that it went off the road into a ditch, thereby causing the death of Adama Busanga.
In the court below the case was contested by the appellant only. Having been duly served with the writ of summons, the second defendant failed to enter appearance or to file any def…