DARKWAH v. DENTEH AND OTHERS

JUDGMENT OF SOWAH J.A.

This is an appeal from a judgment of a learned judge of the Circuit Court, Kumasi, in which she dismissed the claim of the plaintiff against the defendants in respect of the alleged negligence of the second defendant in the manner in which he drove his vehicle No. AN 5947 on 5 February 1965, holding that the plaintiff had not discharged the onus of establishing that the second defendant was negligent. The co-defendant's alleged liability was vicarious, he being the master of the second defendant.

In view of the divergence of views I think it necessary for the proper appreciation of the findings of the learned judge to reproduce almost in full the evidence of the plaintiff and, in part, the cross-examination which ensued.

The plaintiff in his evidence-in-chief stated as follows:

"I remember on Friday 5 February 1965 I was driving my vehicle No. AT 7070 in the Effiduase-Ejisu road and on reaching the outskirts of Juaben I sighted a Mercedes Benz bus No. AN 5947 ahead of my vehicle going in the same direction as mine. My vehicle was about 60 feet behind this Benz bus. The driver of the Benz stopped his vehicle abruptly in order to pick up a passenger without any warning. Because of the position in which the driver of this Benz placed me I had to overtake the Mercedes Benz in order not to run into the back. As I was overtaking the Mercedes bus I sighted another Morris J bus coming from the opposite direction. In order to avoid a head on collision with the Morris J bus I swerved my vehicle to the nearside of the road in order to avoid colliding with the Morris J and my vehicle was positioned behind [p.307] the Mercedes Benz bus to allow the Morris J bus to pass. After the Morris J bus had passed I drove on and parked my vehicle abreast with the Benz bus and questioned the driver of this bus why he drove without warning or signals to other users of the road. The driver of this vehicle Kwasi Amponsah asked me why I posed that question to him and I replied that, did he notice that without signalling me I nearly collided with the Morris J bus and he retorted that I am not the right person to teach him good driving. When I found that he was not co-operative I drove off as my vehicle was stationary on the wrong side of the road. Having driven to a distance of 70-80 feet I heard a bang at the rear nearside of my vehicle so I stopped. I alighted from the vehicle to find out what had happened. I found that the Mercedes Benz bus had run into