FRANCIS KONTOH
V.
J. K. AMPONG & ANOR.

(2015) JELR 63756 (HC)    
High Court  ·  SUIT NO.OCC/54/12 ·  21 Jan 2015 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
special damages
tipper truck
cross-examination
duty of care
time of the accident
police accident report
result of the accident
mercedes benz bus
plaintiff’s vehicle
articulator truck
circumstances of the case
credible evidence
exhibit d
loss of income
medical report
orthopedic surgeon
registration number
right foot
supreme court
civil cases
considered opinion
daily basis
damalie v kwadzie
donoghue v stevenson
dr seth twum jsc
edward nasser v mcvroom
evidence act
evidence shows
fine of gh
following part of the cross-examination
grustillo-anderson classification whereby fractures
nasser’s case
nerve damage
plaintiff’s testimony
prospective employer
result of this accident
said driver
said mate
said tipper truck
special circumstances of this case
starting point
states details of the initial clinical findings
subject matter
such treatments
testimony of pw1
various degrees of injuries

JUDGEMENT

The Plaintiff was on board an articulator truck with registration number AS 5338 Z which was conveying dried cocoa beans from Juaboso to Kumasi and it collided head on with a Mercedes Benz bus with registration number GT 4525 B driven by the 2nd Defendant and owned by the 1st Defendant. These facts are undisputed.

As a result of this accident, the Plaintiff claims General and Special damages jointly and severally against the Defendants for the injuries he sustained. The Defendants deny being negligent.

Three issues were set down for this trial, namely,

1. Whether or not on the 8th January, 2011, the 2nd Defendant negligently drove, manipulated and controlled the 1st Defendant’s vehicle with Registration number GT 4525 B?

2. Whether or not the Plaintiff has suffered various degrees of injuries as a result of the accident which occurred on 8th January, 2011?

3. Whether or not the Plaintiff has been deformed and incapacitated as a result of the accident?

NEGLIGENCE

To succeed, a party …

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