ALFRED WIAFE VS TOTAL PETROLEUM GHANA LIMITED & ORS
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP DENNIS ADJEI, J. A
Areas of Law
- Tort Law
- Contract Law
- Civil Procedure
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a plaintiff who sued defendants for damages resulting from a motor vehicle accident. The plaintiff sought to set aside a settlement receipt he had thumbprinted, claiming he was of unsound mind at the time. The court dismissed the plaintiff's action, finding that he failed to prove he was of unsound mind when executing the settlement receipt. The court held that the settlement receipt was valid and binding, and the plaintiff was estopped from claiming further damages after accepting the settlement. The case highlights important legal principles regarding the burden of proof in civil cases, the validity of documents executed by illiterate persons, and the conclusive presumption of facts recited in written documents between parties.
The Plaintiff who sustained serious injuries from the motor traffic accident he had on 6th June, 2003 brought an action against the Defendants claiming inter alia for:
“a. An order setting aside the receipt made in or about July, 2004 and thumbprinted by the Plaintiff.
b. Damages for personal injuries sustained and loss of damage suffered by the Plaintiff caused by the negligent driving of John Sam as servant or agent of the first Defendant on 6th day of June, 2003. c. Replacement value of motor vehicle No. GW 1228 Q”. The brief facts of the case were that the plaintiff who was a timber contractor and businessman had an accident on 6th June, 2003, at North Ridge.
The plaintiff who at the time of the accident was driving his BMW saloon car numbered GW 1228. The accident occurred as a result of the negligent driving of the 3rd Defendant who was then the driver in control and possession of Toyota Corolla Car with No. GT 119 P which was at the material time owned by the 1st Defendant.
The 1st Defendant was therefore sued for various liability arising from the tortious act committed by the 3rd Defendant on 6th June, 2003. The plaintiff sustained serious injuries from the accident and also had his aforesaid BMW saloon car smashed.
The 2nd Defendant was the insurer for the 1st Defendant’s said Toyota Corolla Car and was sued with the 1st and 3rd Defendants for settlement it made with the Plaintiff on behalf of the 1st and 3rd Defendant as full satisfaction, liquidation and discharge of all claims made against the 1st and 3rd Defendants arising from the accident.
The Plaintiff sought to set aside the receipt evidencing the full settlement of any claim arising under the accident on the ground that at the time of the execution of the receipt, he was a person of unsound mind and cannot bind him.
The 1st and 2nd Defendants resisted the plaintiff’s claim and in their respective statements of defence filed, averred that the plaintiff was of sound mind at the time they negotiated and paid the compensation as full satisfaction of all claims made or to be made against the 1st and 2nd Defendants for the accident.
At the close of pleadings, the following issues were set based on the application for directions and the additional issues filed to regulate the conduct of the case. “(a) Whether or not the said accident was occasioned by negligence on the part of the 3rd Defendant.
b) Whether or not the Plaintiff suffered the injuries, loss and damage pleaded in paragraph