CHARLES J.: In this action the plaintiff claims the sum of £G1,000 as damages for injuries suffered by him as a result of the negligence of Kodjo Gbeddie an employee of the Regional Organisation of the Upper Region, while he was driving motor vehicle No. NG 54 in the course of his employment.
The plaintiff was a passenger in the front seat of motor car No. SG 9619 which was being driven by Bogna Frafra on 16 September 1963 from Bawku to Bolgatanga along a laterite road at about 35 miles per hour. The driver Bogna Frafra says that he was approaching the market place about four miles from Bolgatanga when he saw a tipper truck driven from a bush road onto the main road. He sounded his horn to warn the driver of the tipper truck which was about twenty yards away from him but the tipper truck did not stop but rather went onto the middle of the road and turned right. It was when the truck was in the process of turning right that the accident occurred. The car was totally wrecked and the plai…