The Plaintiff herein issued out this Writ of Summons against the Defendants claiming the following reliefs:
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The sum of GH₵98, 470. 00 being cost of repairs on Plaintiff’s Yutong Bus No. GS 9481-09 damaged as a result of negligence of 1st Defendant, driver of 2nd Defendant on 3rd January 2012.
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GH₵147, 500. 00 being loss of use of GH₵700. 00 per day on the damaged vehicle from January 2012 till 31st July 2012.
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Costs.
THE PLAINTIFF’S CASE The Plaintiff sets out his case by an accompanying Statement of Claim to the Writ of Summons, the Witness Statement of Plaintiff filed on the 14th May 2015 and the Witness Statement and further Witness Statement of Plaintiff’s witness, Francis Boham, filed on the 14th of May, 2015 and 16th of December 2015 respectively.
The Plaintiff’s case is that on or about the 3rd of January 2012 the Defendant’s Metro Mass Bus with registration number GW 3381 Z which was being driven by the 1st Defendant run into his Yutong Commercial bus with registration number GS 9481-09 at a spot at Gomoa Mprumem.
Plaintiff claims that he rushed to the accident scene where he saw his vehicle lying in a culvert full of water and badly damaged.
According to him this bus was loaded with passengers at the time of the accident and as a result his driver and passengers sustained various injuries.
He stated that his driver informed him that the accident occurred as a result of the Metro bus veering off its lane into his lane, hitting the side of the bus thereby pushing it into the culvert.
The particulars of the damage are stated in paragraph 3 of the Statement of Claim.
According to the Plaintiff the accident was caused entirely through the negligent driving of the 1st Defendant as employee of the 2nd Defendant.
The negligence of the 1st Defendant is particularized in paragraph 4 of the Statement of Claim.
THE DEFENDANTS CASE By a Statement of Defence and Counterclaim and the Witness Statement of the Defendants filed on the 2nd of July 2015 the case of the Defendants is that their vehicle did not ran into the Plaintiff’s vehicle but that both buses grazed the sides of each other on the day in question.
It is their case further that the 1st Defendant who was driving from Accra to Cape Coast on reaching a section of the road saw a fuel tanker partly parked in the lane of the Plaintiff’s bus close to a curve and the Plaintiff’s driver in a bid to avoid running into the stationery fuel tanker overtook it and in so doing entered into the l
