DOREEN AHUN VS ZOOM ALLIANCE GHAHA LIMITED
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE R. B. BATU (J)
Areas of Law
- Tort Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff's claims against the Defendant are based on a May 10, 2013 accident, in which the Defendant's vehicle collided with and severely damaged the Plaintiff's vehicle while stopped at a traffic light. The court found that the Plaintiff successfully proved negligence on part of the Defendant. The Defendant argued the accident was due to a latent brake defect but failed to provide sufficient evidence. The court awarded the Plaintiff damages for the car's repair costs, nominal damages for alternative vehicle rental, and legal costs.
The claim of the Plaintiff against the Defendant is for: -“(a) A declaration that the accident involving Plaintiff’s and Defendant’s vehicles on 10th May 2013 was caused by Defendant’s negligence.
b) An order directed at the Defendant to pay to Plaintiff an amount of Seventy Thousand Ghana Cedis (GH¢70, 000. 00) being the value of the Plaintiff’s vehicle which the Defendant damaged as at the date of filing this writ or in the alternative (i) an order the Defendant to immediately pay for the cost of repairing Plaintiff’s vehicle to its original state before the accident.
c) An order for the recovery of an amount of Twenty Nine Thousand Ghana Cedis (GH¢29, 000. 00) being the cost of the car Plaintiff rented from May 23rd to date of issuing the writ.
d) An order for Defendant to pay Plaintiff any extra cost Plaintiff may incur due to the loss of use of vehicle from the date of this action till date Plaintiff’s car is replaced/repaired.
e) Cost including legal costs.
f) Any other order(s) this Honourable Court may deem fit. ”After close of pleadings the issues settle for trial were: -“(1) Whether or not the accident involving Plaintiff’s and Defendant’s car which occurred on 10th May 2013 was caused by the Defendant.
Whether or not the Defendant by placing a car with faulty brakes on the road was negligent.
Whether or not the Defendant ought to repair Plaintiff’s car it damaged through the accident.
Whether or not the Defendant has to pay or reimburse the Plaintiff for all the cost Plaintiff has incurred due to loss of Plaintiff’s car.
Whether or not the Plaintiff is entitled to the reliefs she seeks. ”The facts of this case are these: -On 10th May, 2013 at about 6. 45 am Zeus Owusu Gyawu (PW2) was in charge of a vehicle Lincoln MKX SUV with registration Number GS 8136 – 09 following a Toyota Hiae Number GN 8171 – 11 driven by Olagah Yaw from Tema motorway roundabout along the dual carriage road towards Kpone junction.
On reaching the traffic light at Steel Works junction, the two vehicles stopped in response to the traffic light signal waiting for the light to turn green.
Whist the two vehicles were waiting the Defendants vehicle Donfeng Refused Trunk No. GM 5075 – 12 driven by Ali Baba Alhassan run into the rear portion of the Lincoln MKX propelling it forward to hit the Toyota Hiace in front of it.
Extensive damage was caused to the Lincoln MKX owned by the Plaintiff.
Evidence as to the cause of the accident came from Zeus Owusu Gya