(1962) JELR 63701 (HC)    
High Court  ·  15 Feb 1962 ·  Ghana
Other Citations
[1962] 1 GLR 75
Core Terms Beta
plaintiff claims
loss of profits
value of a variety of goods
special damages
vehicle of the defendants
plaintiff’s store
evidence of the driver
principle of res ipsa loquitur
respect of such loss
speculative profits
consequence of the negligence of a servant
result of inevitable accident
value of goods
cause of the accident
driver of the defendants
worth counting
sewing machine
storekeeper p.w.1
market value
part of the driver
ollennu j.
only profit
satisfactory proof of the goods
said inventory
top leaf of his front
own evidence
general daily profits
list exhibit a.
long time
further unsatisfactory situation
evidence of the police
good defence
testing officer
value of the chattel
daily profits
allegation of the defence
such loss
next morning
broken leaf
date of its destruction
unfortunate part

OLLENNU J.: The plaintiff claims £G6,000 against the defendants as damages he suffered in consequence of the negligence of a servant of the defendants, in driving a vehicle of the defendants into the plaintiff’s store. The accident took place at about midnight of the 13th to 14th March, 1961. No one was about at the time, except the driver of the defendants’ vehicle. The plaintiff came to the store the next morning and found the vehicle standing in the ruins of the store.

Vehicles do not normally run off the road into buildings; they would only do so in consequence of negligence on the part of the driver, or as a result of inevitable accident. In this case the cause of the accident is peculiarly within the knowledge of one person and one person only, namely, the driver of the defendants. That being so the principle of res ipsa loquitur applies and the presumption is that the accident was caused by negligence of the defendants’ driver. The onus is upon the defendants to rebut that presu…

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