JUDGMENT
BACKGROUND
This appeal emanates from the judgment of the Magistrate at the District court 2, Tamale on a case the facts are not in controversy at all.
In fact the plaintiff/appellant hereinafter called the appellant instituted action on 21st March 2025 against the defendant/respondent hereinafter called the respondent for the following reliefs:
RELIEFS
a. A declaration that the defendant breached a duty of care she owed to plaintiff as a road user when she negligently veered off her lane on the road into the lane of the plaintiff causing injuries to the plaintiff and damage to her motorbike.
b. Special Damages assessed as GHs 6,668.00.
c. General Damages.
d. Cost including legal fees.
The magistrate after taking evidence from the parties dismissed the appellant case without going into the merits of the matter because the appellant motorbike was not licensed and the appellant who was the rider prior to the accident had no license to ride motorbike. I will look at the reasons of the ju…