DJABANOR J.: On 4 September 1963 the deceased, Samuel Kojo Akyeampong and his friend Robert Yaw Eshun, were selling their wares not far from the workshops of the Sese State Farms Corporation on the pavement behind the drain at the side of the road, when one of the corporation’s lorries was driven out of that yard. It was driven very inexpertly and so fast that it ran into the drain and hit and killed Akyeampong. From the evidence, which was not disputed, the driver was very negligent. It was discovered, after due interrogation, that the person driving the vehicle, one Kwame Essel, was in fact not a licensed driver. He did not know how to drive. He was employed by the State Farms Corporation as an apprentice fitter. But at the time of the accident, fifteen minutes to two o’clock in the afternoon, a driver employed by the State Farms Corporation was sitting in the lorry with this fitter.
Upon this evidence the plaintiff’s counsel submitted, relying on the case of Ricketts v. Thomas Tilli…