ADJUIK YAKUBU v. PROCREDIT SAVINGS & LOANS CO. LTD
May 31, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
May 31, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court judgment by Justice Kweku T. Ackaah-Boafo arises from a December 20, 2010 collision at ACP Junction, Pokuase between a Benz 207 bus owned by Adjuik Yakubu and a Kia Rhino truck registered to Pro-Credit Savings and Loan Company Limited (now Fidelity Bank). The truck had been financed via a GH28,000 loan to Samuel Adjei and was driven by Akosah Kwadwo, who later pleaded guilty in the District Court. Yakubu sought a replacement vehicle and loss-of-use earnings, arguing that Pro-Credits ownership and the drivers conviction rendered the bank vicariously liable. The bank denied any employment or agency relationship and asserted it had no control over the vehicle, which served as collateral. The court accepted a police inspectors explanation resolving name discrepancies and found Yakubu had capacity. It held that mere registered ownership without control or employment does not support vicarious liability, and dismissed the claims without costs.
JUDGEMENT
Introduction:
(1). This action arises from a motor vehicle collision which took place on December 20, 2010 at ACP Junction, Pokuase. The collision involved a Benz 207 Bus with Registration Number GR 3817 T and owned by Adjuik Yakubu, the Plaintiff herein and a Kia Rhino vehicle with Registration Number AS 8471-10 said to be owned by the Defendant, Pro-Credit Savings and Loan Company Limited. One Akosah Kwadwo of Techiman was operating the Kia Rhino vehicle which was loaded with salt from Accra to Techiman at the time of the collision. The collision resulted in the injury to about eighteen passengers who were on board the Benz 207 Bus. The injured were evacuated to the 37 Military Hospital for treatment.
(2). On January 23, 2011 the driver of the Kia Rhino vehicle, Akosah Kwadwo was charged by the Police and arraigned before the Amasaman District Court. According to the police accident report “he pleaded guilty to all the counts and was convicted and sentenced to pay a fine of GH¢840.00 in default four (4) months I.H.L. Fine paid vide Judicial Service receipt No. 4806067 dated 25/01/2011”.
(3) Consequently, the Plaintiff commenced this action initially in 2011 and amended same on July 6, 2012. Further to leave granted by this Court in 2017 the Plaintiff abandoned some of the initial reliefs and now claims against the Defendant the following judicial reliefs:
i) An order for the Replacement of Plaintiff’s vehicle with an imported unregistered Sprinter Benz as Plaintiff’s vehicle is out of production.
ii) Recovery of 500 days loss of earnings at GH¢40.00 per day while the said vehicle was parked for repairs.
The Pleadings:
(4) The Plaintiff’s case as by the Amended Statement of Claim is that he is the owner of a 207 Commercial Benz Bus with Registration No. 3817 T which provided the Plaintiff with a supplementary income. The Plaintiff further pleaded that the Defendant is a limited liability Company registered under the laws of the Republic of Ghana carrying on the business of banking and the provision of allied banking services. According to the Plaintiff the Defendant is now known as Fidelity Bank located at Ridge in Accra.
(5) The Plaintiff further pleaded that the Defendant admitted ownership of the Kia Rhino truck with registration No. AS 8471-10 which caused the damage to the Plaintiff’s vehicle and injured some passengers who were on board. It is the case of the Plaintiff that the driver of the Kia Vehicle, Akosah Kwadwo “negligently