GH - EFFIE LENZ - SQUIRE v. SOLOMON NAMANG AND DBS INDUSTRIES LIMITED

J U D G M E N T

The Plaintiff issued her Writ of Summons claiming against the Defendant

jointly and severally for the following reliefs:

a. A declaration that the Defendants are liable for the damages caused

to the Plaintiff’s vehicle.

b. An order directed at the Defendants to fix the Plaintiff’s vehicle at

the garage chosen by the Plaintiff and communicated to the

Defendants.

c. General Damages for inconvenience caused the Plaintiff.

d. Special Damages of Eighty Three Thousand, Eight Hundred Sixty

Ghana Cedis (GH¢83,860.00).

e. Interest on relief (d) at the prevailing lending rate from the date of

the accident till date of final payment.

f. Cost including but not limited to solicitors fees.

g. Any other reliefs that the Honourable Court deems fit.

The 2nd Defendant was served with the Plaintiff’s Writ of Summons and

Statement of Claim but the 2nd Defendant did not enter any appearance.

On the 28th February, 2022, the Plaintiff applied for and obtained an

Interlocutory Judgment against the 2nd Defendant on the reliefs as

endorsed on the Plaintiff’s claim.

The Court then ordered the Plaintiff to file her Witness Statement and

served same and a Hearing Notice on the 2nd Defendant to enable the

Court to commence Hearing on the case.

Plaintiff duly served her Witness Statement and a Hearing Notice on the

nd Defendant and the court commenced hearing of the case on the 18th

July, 2022.

Per the Plaintiff’s Witness Statement, the Plaintiff state as follows:

She states that the 1st Defendant is a driver and employee of the 2nd

Defendant who at the time of the accident was carrying out the duties

under the employment of the 2nd Defendant.

The 2nd Defendant is a Limited Liability Company registered under the

laws of the Republic of Ghana.

On the 27th Day of July 2021, as the Plaintiff was driving on the road in

front of the offices of the Defendants which is adjacent to the main Spintex

Road, the 1st Defendant in charge of 2nd Defendant’s vehicle and under the

employment of the 2nd Defendant at the material time carelessly and

negligently drove into the Plaintiff’s Ford Explorer vehicle with

registration number, GS 3497-17. As a result, the 1st Defendant damaged

the door, parts of the vehicles electrical systems as well as other

components of Plaintiff’s vehicle.

The Plaintiff particularized the 1st Defendant negligence in paragraph 6 of

her Statement of Claim as follow:

a. “The 1st Defendant, driver of the 2nd Defendant fail