ALHAJI SALEM & ANOR v. G.P.R.T.U. PER THE CHAIRMAN (AUGUSTINE MENSAH)
2019
COURT OF APPEAL
GHANA
CORAM
- IRENE C. LARBI (MRS) J.A.
- L. L. MENSAH J.A.
- ANGELINA M. DOMAKYAAREH (MRS) J.A.
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Lawrence L. Mensah, J.A., addressed an appeal by vehicle owner and driver Defendants from a High Court (Cape Coast) judgment in favor of a private transport company that operated a Mercedes Benz Sprinter GS 3934–12 on the Mankessim–Obuasi route. The accident occurred on November 20, 2013 near Assin Asamankese when the 2nd Defendant, driving a DAF articulated truck GR 132 N loaded with 600 bags of cocoa beans, overtook and swerved to avoid an oncoming articulated truck, striking the Plaintiff’s bus, which then hit vehicles driven by Ofosu Asare (Mitsubishi L200 GR 1839–13) and Samuel Takyi (Nissan Urvan GT 9986–Z). The Plaintiff alleged negligent and careless driving and sought loss-of-use damages, claiming GH a2200 daily sales, six days a week, over a repair period. The 2nd Defendant later pleaded guilty to careless and inconsiderate driving at Assin Foso District Court. On appeal, Defendants challenged the weight of evidence, the damages computation, and the absence of insurer/mechanic testimony. Applying Evidence Act sections 37 and 127, reviewing contradictions in the 2nd Defendant’s testimony, and relying on documentary evidence including the Vehicle Examiner’s Report, the Court found negligence, upheld the 90-day loss-of-use calculation, and dismissed the appeal, affirming the High Court.
JUDGEMENT
LAWRENCE L. MENSAH, J.A.:
This is an appeal which comes from the Defendants/Appellants hereinafter referred to as the Defendants against the judgment of the High Court Cape Coast dated the 16th day of June 2017 in favour of the Plaintiff/Respondent who will be referred hereafter as the Plaintiffs.
Facts:
The appeal is about a running down action the facts of which are as follows:- The Plaintiff private road transport company owned Mercedes Benz Sprinter bus with Registration Number GS 3934 – 12 which was a commercial vehicle plying between Mankesim in the Central Region and Obuasi.
Plaintiff’s case:
On the 20th day of November, 2013 at about 7.00 pm while the Plaintiff’s vehicle was on its journey from Obuasi to Mankessim, the 2nd Defendant then, in charge of a DAF articulated truck with Registration Number GR 132 N loaded with 600 bags of dried cocoa beans, was travelling from New Edubiase with two passengers on board to Tema. On reaching a spot at Assin Asamankese on the Kumasi-Yamoransah road, the 2nd Defendant driver overtook the Plaintiff’s Mercedes Benz vehicle which was in front of the DAF Truck. In course of overtaking the Plaintiff’s vehicle, the 2nd Defendant saw another articulator truck coming from the opposite direction. Sensing danger, the 2nd Defendant swerved to avoid a head-on collision with the on-coming articulated truck, and in the process, hit the Plaintiff’s vehicle. The impact caused the Plaintiff’s Mercedes Benz bus to hit a Mitsubishi L 200 Pick-Up vehicle with Registration No. GR 1839 – 13 driven by one Ofosu Asare and a Nissan Urvan Bus with Registration Number GT 9986 – Z driven by one Samuel Takyi whose two vehicles were moving from the opposite direction.
It is the claim of the Plaintiff that all the vehicles including his Mercedes Benz Sprinter bus were extensively damaged as a result of negligent and careless driving of the 2nd Defendant. According to the Plaintiff, as a result of the accident, it was denied its source of income from the use of the vehicle from November, 2013 to 30th March 2014. The daily sales of the vehicle was GH¢200.00 which was six days in a week within which the damaged bus was repaired bringing the total loss of income to GH¢22,200.00.
Finally Plaintiff said the 2nd Defendant was arraigned at the District Court, Assin Foso on the charge of careless and inconsiderate driving. Having pleaded guilty to the charges, the 2nd Defendant was convicted and sentenced 80 penalty units or in def