ANTWI AND ANOTHER
V.
RAMAN AND OTHERS

(1991) JELR 65592 (HC)    
High Court  ·  6 Feb 1991 ·  Ghana
 · 
Other Citations
[1992] 1 GLR 253
CORAM
ARYEETEY J.
Core Terms Beta
second defendant
vehicle
third defendants
first defendant
vendor
agent
evidence
fact
interlocutory judgment
servant
substituted process
appeal
aryeetey j.
assessment of damages
case of badu v
cases of joint enterprise
charge of the vehicle
commercial bus
control of the first defendant
court of appeal
crosville motor services case
defendants
exclusion of the second defendant
ex parte application
following remarks
fynn high court
hearing notice
hearing of the matter
hire-purchase agreement
joint owner
joint owners
joint venture
judgment of the court of appeal
material times
negligent driving of the purchaser
payment of the whole purchase price
plaintiffs claim
plaintiffs’ mercedes benz
principle
purchase of bus no. ak
purchase price
reason
relevant issues
serious damage
social security bank ltd.
special damages
stand of the second defendant
third defendants’ vehicle no. ak
trial judge’s own finding
unreported aboagye j.

ARYEETEY J.: By their writ of summons the plaintiffs claim against the defendants jointly and severally:

(i). “General and special damages for serious damage caused to the plaintiffs’ Mercedes Benz commercial bus No AM 6456 when it was negligently run into at Accra New Town by the second and third defendants’ vehicle No. AK 7125 then under the management and control of the first defendant who was at all material times operating in the normal course of duty as the servant and agent of the second and third defendants.

(ii). Any other reliefs found due.”

As it turned out only the second defendant, the Social Security Bank Ltd., entered appearance and filed their statement of defence. Even through the first and third defendants were served with the writ of summons through a substituted process they did not enter appearance. Therefore on 15 June 1989 the plaintiffs obtained interlocutory judgment against them in default. However, the assessment of damages was shelved until the hearing of the…

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