SOWAH J.A.: This is an appeal from the judgment of the High Court, Sekondi, whereby the court entered judgment for the plaintiff and awarded very substantial damages for damage to his vehicle and consequential loss of earnings from the date of the accident to the day the learned judge delivered his judgment.
The essential facts of the case appear to be by themselves quite simple, but these have been complicated by a number of incidents not directly concerned with the accident. On 28 January 1971 the plaintiff’s vehicle No. WR 8691 driven by his servant, Peter Kingsley Cromwell, was involved in a collision with the defendant’s vehicle No. WR 5010, on a curve near Gomoa Assin on the Accra-Takoradi road; the vehicles were being driven in opposite directions and the time of the accident was 10.00 p.m. There were in the plaintiff’s vehicle, the driver, a mate and a passenger, the latter two sitting in front and alongside the driver. After the collision the occupants of the plaintiff’s vehic…