EDWARD WIREDU J.: The plaintiff is a transport owner living in Gambaga in the Northern Region. Some time around October 1970 or thereabout the defendant was driven in one of his vehicles as a passenger for reward travelling from Gambaga to Nalerigu. In the course of the journey the said vehicle ran into a ditch causing serious injury to his right forearm which was later amputated.
On or about 1 May 1972, he commenced an action in this court claiming damages against the plaintiff under the Civil Liability Act, 1963 (Act 176). On 18 April 1975 he obtained judgment in the sum of ¢12,300.00 inclusive of costs against the plaintiff. To enforce this judgment the defendant went into execution by causing three of the plaintiff’s vehicles to be seized under a writ of fi. fa. One of the plaintiff’s vehicles seized under the writ was a seven-ton passenger vehicle bearing registration No. NG 1795. The evidence shows that the above vehicle was seized at Gambaga and was being sent down to Tamale whe…