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BENEDICTA QUAO
V.
CHRISTIAN ACTION FAITH MINISTRY

(2018) JELR 67675 (HC)

High Court 8 Nov 2018 Ghana
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- Plaintiff’s claim for the value of her damaged vehicle was dismissed, as she had already been fully compensated by her insurer; she cannot recover twice for the same loss (doctrine of subrogation). - Alleged negligence and intoxication of

Case Details

Suit Number:Suit No. RPC/289/13
Judges:JENNIFER DODOO (MRS)
Counsel:ZIYERLEY AGBAMBILLA FOR PLAINTIFF,EDNA LOUISA AKULIGA FOR DEFENDANT

The pleadings of the parties to this suit show that a road traffic accident involving their vehicles occurred on 13th January 2013. The Plaintiff who described herself as a Consultant and Lecturer, claimed against the Defendant, a Church, the following reliefs:

GH¢50,000.00 being the value of the damaged vehicle.

Damages for loss of the vehicle being GH¢150 per day from the date of the accident being January 13, 2013 to date of replacement of vehicle or date of final payment

Interest on damages from date of judgment till date of final payment.

Costs, including legal costs.

It was the Plaintiff’s case that on the day of the incident, the Defendant’s driver who was in charge of the Defendant’s vehicle negligently drove into her vehicle crushing it and damaging it beyond repair. The particulars of negligence were listed as:

He hit the Plaintiff from the rear

He drove too fast.

He was under the influence of alcohol.

Failed to keep a proper look out

Failed to stop, to slow down, to swerve or in any …

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