DZAMBOE v. MARK

JUDGMENT OF CECILIA KORANTENG-ADDOW J.

This is a claim for general damages for personal injuries sustained by the plaintiff in a collision between his Honda motor-cycle and the defendant's car. The collision occurred on 26 April 1974 at 6 p.m. The plaintiff's case is that he was riding from Legon along the road linking Legon with Achimota School towards Achimota. At the main junction to Christian Village, he rode past it, but attempted to turn right at the second junction which is about 150 metres from the other junction. In the act of turning, the defendant came from behind and collided into him. The defendant was attempting to overtake the motor-cycle. The plaintiff suffered a compound fracture of the right tibia and fibula which took ten months to heal.

The defendant's case is that on the same day and time he was driving from Legon along the same road and in the same direction. He saw the plaintiff as soon as he came out of a bend to a straight stretch of the road which stretches for a distance of about 300 metres to the Christian Village junction. The defendant followed the motor cycle along this straight stretch of the road to the Christian Village junction. The plaintiff rode past the junction without evincing any intention to turn right. The defendant then decided to overtake. He sped up and caught up with the plaintiff, while gradually shifting to the right lane. At the time, Ghana drove left. When he was about a metre to the plaintiff the latter swerved right, suddenly and by reflex action, he also swerved right to avoid him but he could not do so completely. As the defendant was already in the right lane the motor-cycle came along and collided into the front left mudguard of the car. The handle of the Honda was trapped between the mudguard of the car and the tyre, so by the time the car came to a complete stop the Honda had been dragged for a short distance. The plaintiff was thrown off the Honda by the impact, but the Honda dropped on the road. Later it was carrie off the road and placed at the roadside. The plaintiff himself was lying prostrate on the road. The defendant sought and obtained assistance from two people who came to the scene and they put the plaintiff in his car, and took him to the [p.352] Korle-Bu Teaching Hospital where he was admitted for treatment. Then he reported the accident at the Tesano Police Station and an officer was detailed to go to the scene of the accident with him. The police officer made a plan which was ten