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JUDGMENT
DENNIS D ADJEI JA
The Plaintiff/Respondent herein (hereinafter referred to as the Plaintiff) filed an action in the High Court Sekondi claiming against the Defendant/Appellant (hereinafter referred to as the Defendant) for general and special damages caused to the Plaintiffs Toyota Taxi Cab No.GR5086 U, as a result of an accident due to negligent driving of the Defendant’s vehicle No.WR773 W, by one Kennedy Kortoh the driver servant and/or agent of the Defendant. The accident occurred on or about 22/12/06 at the Archbishop Porter Girls Secondary School junction along the Takoradi-Accra main road. The Plaintiff in his statement of claim, in paragraph 9 thereof amended his claim to read as follows:
“Therefore the Plaintiff’s claim against the Defendant as owner of KIA Sportage vehicle with registration No.WR773W and the master of Kenedy Kortoh, is for
1. The sum of GH¢9,000.00 being the current market value for Toyota Taxi Cab No. GR 5086 U.
2. Recovery of the sum of GH¢10.00 a day from 22/12/06 to date, being damages for loss of use.
3. Interest.”
The brief undisputable facts in this case were that on 22nd December 2006, the Plaintiff’s taxi cab No.GR5086 U collided with the Defendant’s KIA Sportage No. WR773W at the Archbishop Porter Girls High School Junction along the Takoradi-Accra main road. The Plaintiff’s driver and other passengers on board the taxi cab died while others sustained serious injuries. The accident occurred as a result of the negligent driving of the Defendant’s driver. The Defendant’s driver was arraigned before the Circuit Court Takoradi and was convicted for the offences of careless driving the negligently causing harm. The Plaintiff the owner of the taxi cab instituted this action against the Defendant claiming for the reliefs contained in his statement of claim. The Defendant was sued for vicarious liability for the tortious act committed in by his driver who was then using his KIA Sportage and was working within his scope of employment.
The Defendant who was the owner of KIA Sportage vehicle No.WR773W, which was the center of attraction of the accident which occurred on 22nd December 2006 at the Archbishop Porters Junction, Sekondi denied negligence on the part of his driver.
He rather accused the Plaintiff’s driver who died as a result of the accident of negligent driving. At the close of pleadings, three main issues were set down in the Application for Directions, namely:
a. “Whether or not the accident was caused as