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V.
DABANKA

(1962) JELR 65835 (SC)

Supreme Court 19 Mar 1962 Ghana
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- The case involves an appeal regarding whether the appellant's servant was acting on his own or on behalf of his employer when he brought the car to Kumasi. - The appellant claims that he prohibited the servant from running the car until i

Case Details

Judges:KORSAH JSC, C.J. JSC, VAN LARE JSC, SARKODEE-ADDO J.S.C.
Counsel:ANIN FOR THE APPELLANT; E. K. EDUSEI FOR THE RESPONDENT.
Other Citations:[1962] 2 GLR 178

VAN LARE, J.S.C.: On the 9th April, 1959 Kwasi Boye drove the car to Kumasi to obtain a certificate of road worthiness from the certifying and examining officer. This the appellant knew and impliedly authorised. Even if he did not so authorise, driving the car to Kumasi for this purpose was so connected with the appellant’s taxi business that in doing so Kwasi Boye would in our view be acting within the scope of his employment.

The only point we had to decide in this appeal was whether the appellant’s said servant was acting on his own or for the purpose of his employer when he brought the car down to Kumasi that day. The appellant said he prohibited Kwasi Boye from running the car until it was licensed and insured, and therefore when he carried a passenger in the unlicensed and uninsured taxi his said servant was not acting on his authority. It was also suggested that the driver could have returned to the village much earlier than 7 p.m. and his delay in Kumasi therefore placed him o…

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