Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

DARKWAH v. DENTEH AND OTHERS

July 3, 1972

COURT OF APPEAL

CORAM

  • PREMPEH J.S.C.
  • JIAGGE
  • SOWAH JJ.A

Areas of Law

  • Tort Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

The case arises from a road traffic collision on the Effiduase–Ejisu road near Juaben between the plaintiff’s vehicle AT 7070 and a Mercedes Benz bus AN 5947 driven by the second defendant, an employee of the first defendant. The Circuit Court dismissed the plaintiff’s negligence claim, finding he failed to prove the second defendant’s fault, particularly given indications the collision occurred during an overtaking maneuver and damage consistent with grazing. On appeal, Sowah J.A. and Prempeh J.S.C. agreed that hearsay elicited under cross-examination is inadmissible but, even excluding it, the plaintiff’s own admissions and physical evidence justified the trial court’s findings. They emphasized the heightened duty of an overtaking driver and appellate restraint on factual re-evaluation. Jiagge J.A. dissented, concluding the trial judge inadequately considered the plaintiff’s unchallenged account and improperly preferred a defense narrative not in evidence, and would have remitted for a new hearing.

JUDGMENT