(1988) JELR 69810 (HC)    
High Court  ·  11 Apr 1988 ·  Ghana
Other Citations
[1991] 1 GLR 371
Core Terms Beta
first defendant
toyota truck
stationary vehicles
civil action
contributory negligence
criminal trial
exhibit d
taxi cab
civil court
criminal court
plaintiff’s evidence
police report
effect of the criminal trial
high speed
matter of opinion
clear evidence
clear pieces of evidence
conviction of the defendant
criminal charge
criminal offences
district court
driver of vehicle no. asa
effect of the evidence
evidence decree
evidence of facts
evidence of the witness
facts essential
first defendant ought
first defendant’s conviction
first time
following submission
interesting issues
learned counsel
narration of brief facts of the case
negligence of the first defendant
new datsun saloon car
official report
part of the first defendant
plaintiff’s allegation
plaintiff’s claim
police investigations
second defendant
second defendants
second defendant’s peugeot car
special damages
support of the case
total loss of the plaintiff
trial judge

BENIN J.: The plaintiff’s claim is for:

“General and special damages from the first and second defendants jointly and severally for the total loss of the plaintiff’s brand new Datsun saloon car which loss was caused by the negligence of the first defendant whilst driving the second defendant’s Peugeot car in the course of his employment as servant or agent or both of the second defendant.”

Following the accident and after police investigations, the first defendant was charged with some criminal offences arising out of the accident and put before a district court which found him guilty and sentenced him to a fine. This led counsel for the plaintiff in his address to make the following submission:

“The plaintiff’s evidence is again corroborated by the police report, exhibit D, which was tendered without dissent. Even though one might say that the narration of brief facts of the case is a matter of opinion, the conduct of the police leading to the conviction of the defendant in a criminal c…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login