SAED
V.
ABDULAI AND ANOTHER

(1988) JELR 69810 (HC)

High Court · 11 Apr 1988 · Ghana
·

Other Citations

[1991] 1 GLR 371

CORAM

BENIN J.

Core Terms ^Beta

plaintiff

first defendant

toyota truck

stationary vehicles

civil action

contributory negligence

criminal trial

cross-examination

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…

SAED V. ABDULAI AND ANOTHER

SAED
V.
ABDULAI AND ANOTHER