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MAVIS BASARE (SUING FOR HERSELF AND AS NEXT FRIEND OF SOPHIA INDO)
V.
KWESI SARKWA

(2016) JELR 108515 (HC)

High Court 29 Feb 2016 Ghana
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- The plaintiff filed a lawsuit against the Attorney General and the driver of a vehicle for damages resulting from an accident. - The defendant denied the plaintiff's claim and stated that the vehicle had been auctioned to someone else. -

Case Details

Suit Number:BC 24/2013
Judges:JUSTICE KWABENA ASUMAN-ADU
Counsel:Collins Solomon Eshun, Esq. for the plaintiff; Kwasi Owusu Agyemang, Esq. for the defendant.

JUDGMENT

ASUMAN-ADU, J.

The plaintiff commenced the instant action on her own behalf and as the  next friend of Sophia Indo against the Attorney General on 17th October,  2012 for special and general damages for being run down by a vehicle  which was being driven by Kwesi Sarkwa at the time of the accident on  4th September, 2010 at about 4:50 am. The Attorney General filed a  statement of defence on 14th December, 2012 denying plaintiff’s claim  and stating that at the time of the accident the vehicle had been  auctioned to one William O. Mensah. This implies that the defendant lied  to the police when he told the police that the owner of the vehicle was  BNI, Ghana. This explains why in spite of the fact that the vehicle had  not been insured he was not charged with driving an uninsured vehicle. 

On 13th March, 2013 the plaintiff filed an amended writ of summons and  statement of defence joining Kwasi Sarkwa as the 2nd defendant. On 25th November, 2013, the 2nd defendant filed his sta…

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