YAMUSAH
V.
MAHAMA AND ANOTHER

(1988) JELR 65578 (HC)    
High Court  ·  30 Jun 1988 ·  Ghana
CORAM
BENIN J
Core Terms Beta
plaintiff
defendants
first defendant
evidence
exhibit c
mr intsiful
native treatment
special damages
criminal action
criminal court
cross-examination
left leg
motor cycle
second defendant
suzuki motor cycle
charges of careless driving
criminal charge
district court grade
first defendant’s plea
head injury
loss of some bones
own plea
particulars of injuries
particulars of negligence
plaintiff’s claim
plaintiff’s motor cycle
prima facie evidence of negligence
regional hospital
bodily injuries
cause of the collision
clear evidence of negligence
conduct of the first defendant
cost of drugs
cost of farm labour
criminal case
facts of the plaintiff
following pieces of evidence
general result of the accident
guilty simpliciter
intituled saed v abdulai
issue of the point of impact
motor accident
negligence of the first defendant
particulars of special damage
recommendation of the medical officer
second defendants
similar result
stage state
statement of claim
users of the road

BENIN J.: The plaintiff’s claim against the defendants jointly and severally is for general and special damages for bodily injuries, pain and suffering arising from a motor accident caused wholly by the negligence of the first defendant by the manner he drove, managed or controlled Mercedes cargo truck No. UR 2453 owned by the second defendant and driven by him in the course of his employment as servant or agent or both of the second defendant on 8 May 1985. The facts of the plaintiff’s case may be gathered from the pleading as amended containing the following relevant averments:

1. The plaintiff is a farmer and an anaesthetist assistant with the Regional Hospital, Tamale, while the first and second defendants are a driver and transport owner respectively and they are all commonly resident in Tamale.

2. On or about 8 May 1985 the plaintiff was a pillion rider on a Suzuki motor cycle with registration number GVB 4074 and was travelling from Tamale township towards the regional hospital…

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