ASIEDU, JSC:

[1] INTRODUCTION:

My lords, this is an appeal against a judgment of the Court of Appeal, Kumasi, dated the 23rd November, 2023. In the said judgment, the Court of Appeal reversed a judgment of the trial High Court which had been delivered in favour of the Defendant.

In this judgment, the parties shall retain their respective designations as from the trial High Court. That is, the Defendant/Respondent/Appellant shall herein be referred to as the Defendant, and the Plaintiff/Appellant/Respondent shall be referred to as the Plaintiff.

[2] GROUNDS OF APPEAL:

The grounds of appeal formulated in the Notice of Appeal filed on the 18th December, 2018, are that:

a. The judgment is against the weight of evidence.

b. The Court of Appeal erred when it relied on documents termed as EXHIBITS “A” and “B” in arriving at their decision/judgment when same did not form part of the Record of Appeal.

c. The Court of Appeal further erred in its assessment of the general damages when it failed to take into account the payments already made by the Defendant/Respondent/Appellant to the Plaintiff/Appellant/Respondent.

d. The Court of Appeal erred when it shifted the burden of proof of negligence unto the Defendant/Respondent/Appellant.

e. Additional grounds of the Appeal would be filed upon the receipt [of] the Records of Appeal.

My Lords, there is no indication that additional grounds of appeal have been filed. Consequently, the appeal would be determined in the light of the grounds of appeal stated above.

[3] FACTS:

The facts culminating in the instant appeal are that, the Plaintiff issued out a writ with an accompanying statement of claim, from the Registry of the High Court, claiming against the Defendant (1st Defendant therein) and one Opoku Sarkodie (2nd Defendant therein) (now deceased), then an employee of the Defendant, jointly and severally as follows:

Special and general damages arising from the injuries sustained by the Plaintiff in an accident involving ISUZU TIPPER TRUCK NO. AW 680 W which knocked down the Plaintiff on the 6th November 2006 on the Bechem-Kwasu motor road of which said accident was negligently caused by the 2nd Defendant who was then working as an agent for the 1st Defendant and was working for its benefit.

The Plaintiff averred in her statement of claim that, the 2nd Defendant negligently drove ISUZU Tipper Truck No. AW 680