MENSA BOISON J.A.
This appeal is within a narrow compass on the one issue as to whether or not the servant of the defendants-appellants (hereinafter referred to as the appellants) was on the occasion of a traffic accident acting in the course of his employment as a driver. It would be necessary to state just enough facts of the case to give understanding to the arguments of counsel.
On 23 November 1974 the plaintiff-respondent (hereinafter referred to as the respondent) as a passenger, from Accra to Nsawam, on a Bedford commercial bus sustained serious bodily injuries when the said bus collided with a Fiat saloon car of the appellants’ at the outskirts of Nsawam. The appellants’ car was at the time travelling in the opposite direction and was being driven by one Ofori Armah, a driver employee of the appellant company; but who unfortunately was killed in the collision.
In due course, the respondent instituted this action at the Circuit Court, Accra against the appellant company for damag…