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
- Evidence Law
- Tort Law
- Civil Procedure
- Commercial Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff, a transport company, sued the Defendants for damages resulting from an accident caused by the Defendants' articulated truck. The trial court ruled in favor of the Plaintiff, awarding damages for lost income during vehicle repairs. The Defendants appealed, arguing errors in judgment and calculation of damages. The appellate court upheld the trial court's decision, finding no errors in the weight of evidence, calculation of damages, or the necessity of additional testimonies. The appellate court affirmed the principles of burden of proof, admissibility of official reports and criminal convictions, and the reliability of documentary evidence.
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