GERSHON GILBERT AGORDO v. LUMOR ADZATO (DRIVER) & ANOTHER

SENYO DZAMEFE J. A

This is an appeal by the defendant/appellant against the judgment of the Circuit Court, Koforidua in favour of the plaintiff/respondent.

The plaintiff/respondent in his statement of claim at the trial court avered he is the Road Area Manager of Ghana Highways Authority, Koforidua and the 1st defendant/appellant, hereinafter referred to as the 1st appellant is a driver in charge of Massey Ferguson Tractor No. GT8113 A, belonging to the 2nd appellant.

On or about the 3rd day of September 2006 while travelling on his official vehicle, Nissan Pick-up No. GV154 W from Adidome through Kpong to Koforidua and on reaching a spot at Lolonyo, a suburb of Kpong, 1st appellant, then driving Massey Ferguson Tractor drove it so negligently that it resulted in an accident causing extensive damage to the pick-up.

It’s the respondent’s case that the said accident was caused solely through the negligence of the 1st appellant while 2nd appellant becomes vicariously liable being the owner.

Also that the police established that at the material time of the accident, the 1st appellant was not having a valid driving licence.

The respondent contends that 2nd appellant accepted responsibility and promised to repair his vehicle but after the 1st appellant was arraigned before court for careless driving, prosecuted and fined, the appellants have refused and or failed to get the respondents car repaired.

Respondent avers further that since the vehicle is his official car, he was compelled to repair same at his own expense costing Forty-five Million Cedis(¢45m). Wherefore plaintiffs claim as per the writ of summons; 1. Cash the sum of Forty-five Million Cedis (¢45m) being cost of repair of damage caused to vehicle No. GV154 W 2. Damages for breach of contract 3. Costs The defendant/appellants in their statement of defence and counterclaim said that on the day of the accident, at about 6. 00pm, he was branching to his house when the respondent carelessly drove his car and hit the rear of his trailer hence the accident.

That he the appellant was not the cause of the accident but the respondent who was over speeding in town.

He avered it’s not true he did not have a valid driving licence nor cover note at the time of the accident.

The 2nd appellant also denied ever accepting responsibility for the accident nor did he ask to repair the vehicle of the respondent as he is alleging.

They also deny the respondent’s claim that he repaired the vehicle saying since it