JUDGMENT
OWUSU-ANSAH JA. Delivered the first judgment at the invitation of Afreh JA.
Briefly, the facts of this case are that on 12 December 1997, at about 7 pm, Mr Kojo Mensah, the 67-year old plaintiff herein, was walking on the road constructed over the famous bridge in Cape Coast, popularly known as “London Bridge.” The bridge caved in and created a hole in the road. His left leg fell into the resultant hole, with his buttocks on a portion of the road. According to the plaintiff, had it not been the walking stick he then used as fashion, he would have injured his genitals. He had to abandon his initial decision to attend a wake-keeping at a suburb of Cape Coast. He was assisted by his friend, the first plaintiff witness. The plaintiff states that he sustained injuries from which he has still not fully recovered.
Consequently, on 18 December 1917, the plaintiff brought this action against the Ghana Highway Authority, that is the authority set up by law with the responsibility for the…