JUDGMENT
A. INTRODUCTION
The plaintiff went to the defendant’s filling station on 22nd September 2022 with his Toyota V8 diesel powered engine vehicle for fueling. The vehicle was fueled with petrol instead of diesel.
The vehicle was driven at a distance of about eighty five kilometers and it started malfunctioning. The vehicle engine is alleged to have broken down hence this action.
B. THE WRIT OF SUMMONS AND THE RELIEFS
On 2nd July 2025 almost three years after the incident the plaintiff instituted this action for the following reliefs:
i. That the breakdown of vehicle No. NR-101-14 is a direct result of the defendant’s negligence in filling the car with petrol instead of diesel.
ii. An order that the defendant replaces or in the alternative pays an amount of Eight Hundred and Thirty Thousand, Nine Hundred and Twenty-Two Ghana Cedis and Seventy-Nine pesewas (GHs 830,922.79) being the cost of the engine.
iii. Costs.
C. SUMMARY OF PLAINTIFF’S CASE BASED ON PLEADINGS
The plaintiff is a public…