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KWAME MENSAH AKOTO
V.
WAHABU INUSAH YAW MENSAH

(2015) JELR 67784 (HC)

High Court 20 Feb 2015 Ghana
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- The plaintiff filed a claim for general and special damages against the defendants. - The issues to be determined include whether the 1st defendant negligently drove a truck and caused the death of the deceased, whether the accident was s

Case Details

Suit Number:SUIT NO. E8/11/2008
Judges:PATRICK BAAYEH JUSTICE OF THE HIGH COURT
Counsel:MR. KOKU MENSAH AKUDE HOLDING BRIEF OF ERNEST GAEWU FOR PLAINTIFF ,GODWIN KPORBLE FOR DEFENDANTS

Plaintiff instituted this action claiming General and special damages jointly and severally against the defendants.

The defendants entered appearance and also filed their defence denying plaintiff's claim.

At the close of pleadings the issue settled for determination are;

1. Whether or not on the 5th day of December, 2006 at about 4.20 pm the 1st defendant negligently drove Mercedes Benz Cargo truck No AS 948 -E near Ofosu on the Nkwanta-Bomboe road, that he ran over Happy Millicent Yawa Fiagbor and crushed her to death.

2. Whether or not the accident and the death of the deceased was caused solely through the negligence of the I" defendant.

3. Whether or not the 1" defendant is guilty of the particulars of negligence pleaded in paragraph 7 of the statement of claim.

4. Whether or not the plaintiff suffered the particulars of special damages pleaded in paragraph 9 of the statement of claim.

5. Whether or not is defendant is liable to pay the particulars of special damages pleaded.

6. Whe…

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