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February 26, 1981
HIGH COURT
GHANA
CORAM
JUDGMENT OF ANSAH-TWUM J.
The plaintiff's claim as indorsed on the writ of summons is as follows:
"The plaintiff's claim against the defendant is for ¢5,577.50 being special damages suffered by the plaintiff as cost of repairs on his taxi cab No. GJ 8187 which was damaged due to negligence of the defendant, and loss of profits for 64 days at ¢120 per day."
Paragraphs 8 and 9 of the plaintiff's statement of claim states:
"8. That the said mechanics finished repair works on the said taxi cab at the end of September and presented a bill of ¢5,577.50 less ¢1,900.
9. The plaintiff presented the bill to the defendant to pay, but the defendant failed to do so."
The plaintiff further claimed in paragraph 10 of his said statement of claim for loss of use the sum of ¢7,680 being loss for 64 days, excluding Sundays, at the rate of ¢120 a day.
The plaintiff amended his statement of claim by adding paragraph 11 in which he gave particulars of the special damages he claims. By this, having deducted the ¢1,900 paid by the defendant, he now claims under this head the balance of ¢3,677.50.
[p.991]
The defendant wholly denies liability and has counterclaimed against the plaintiff, the sum of ¢1,900 which he claims to have lent to the plaintiff only to enable the plaintiff to repair his vehicle after the plaintiff had approached him for financial assistance.
The evidence before this court is that the plaintiff was the owner-driver in charge of the taxi cab No. GJ 8187. The defendant was also the owner-driver in charge of the Bedford commercial vehicle No. AT 6178. On the day of the accident, that is 20 July 1979, the plaintiff was driving his said taxi cab along the old John Sarbah dual-carriage road from the Takoradi Market Circle towards the New Takoradi roundabout.
The defendant was also at the same time driving his said Bedford commercial vehicle from the opposite direction, i.e. from the New Takoradi roundabout towards the Takoradi Market Circle on the other side of the said dual-carriage road. According to the plaintiff, just when both vehicles were about to pass each other, the defendant suddenly attempted to turn left and cross the plaintiff's lane on the other side and enter the Kumasi road which crosses the dual-carriage at that point. By so doing, the defendant's vehicle ran into the left rear side of the plaintiff's vehicle.
The plaintiff said the defendant did not give any indication that he was going to enter or cross the plaintiff's side of the
AI Generated Summary
This negligence and contributory negligence case arises from a collision in Takoradi on 20 July 1979 involving Isaac’s taxi cab No. GJ 8187 and Kwesi’s Bedford commercial vehicle No. AT 6178. Isaac alleged that Kwesi, attempting to turn left into Kumasi road, crossed his lane on the John Sarbah dual-carriage road without stopping, striking the taxi’s left rear and forcing it off course into a stump; the taxi then crossed the median and hit another oncoming vehicle. Kwesi accompanied Isaac to Kokompe the next day and paid ¢1,900 toward repairs but later denied liability and counterclaimed, characterizing the payment as a loan. The court found Kwesi negligent for failing to ensure a safe crossing, but also found Isaac contributorily negligent for overspeeding and not exercising due care at a junction. It apportioned liability two-thirds to Kwesi and one-third to Isaac, awarded proven repair costs and loss-of-use (with Sundays and maintenance excluded), and set off Kwesi’s ¢1,900 payment against the damages.