INTERCITY S.T.C. & ANOR v. STEPHEN BILLY ADDOM
2015
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE, J.A. (PRESIDING)
- F.G. KORBIEH, J.A.
- CECILIA H. SOWAH (MRS.), J.A
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case centers on a plaintiff suing as the administrator of the estate of the deceased for damages caused by negligent parking which led to the death of the deceased. The trial court ruled in favor of the plaintiff, awarding substantial damages. The defendants appealed on grounds including excessive damages, inadmissibility of hearsay evidence, and failure to notify them of trial proceedings. The appellate court agreed with the defendants, setting aside the trial court's judgment and ordering a retrial due to failure in complying with procedural rules and insufficient evidence to support the claim.
J U D G M E N T
F.G. KORBIEH, J.A.
The plaintiff/respondent in this appeal (hereinafter referred to only as the plaintiff) sued in the trial High Court as the administrator of the estate of Bright Yaw Damba (deceased). His claim against the defendants/appellants herein was for “Cash the sum of GH¢100,000.00 representing general damages, special damages, pains, suffering and loss of expectation of life as a result of the negligent parking of Eicher Bus with registration number GR 2774 Z by the 2nd defendant, allowing a portion of the said bus protruding onto the road, failing to providing (sic) an advanced warning triangle to warn other users of the road and which caused the untimely death of Bright Yaw Damba and for whose negligence 1st defendant is vicariously liable.” This claim was based on averments made by the plaintiff in his statement of claim to the effect that on the 24/5/2011, at about 7:30 pm, the deceased, who was riding a motor bike from Hohoe towards Golokwati, “without noticing the Eicher Bus”, had “ran into its protruding side, lost control of the motor bike and entered into the lane of oncoming vehicle and he was knocked down by an Opel Kadett Taxi Cab with registration number GR 1576 S and died instantly.” The plaintiff also averred, among other things, as follows: that the 2nd defendant had negligently parked the above-mentioned bus, which had developed a mechanical fault, negligently by allowing a portion of the bus to protrude onto the road and further failed to provide a warning triangle; and that the 1st defendant, as the employer of the 2nd defendant, was vicariously liable for the death of Bright Yaw Damba. The plaintiff also provided figures for the special damages he was claiming as well as the respective ages of the dependents of the deceased. He gave the age of the deceased as 36 years and averred that the deceased was earning at least GH¢700.00 per month as a lotto agent.
In a statement of defence filed by counsel for and on behalf of the defendants/appellants (hereinafter referred to only as the defendants or 1st or 2nd defendant as the case may be) the defendants, save admitting that the 2nd defendant was an employee of the 1st defendant, did not admit any of the material allegations of fact made by the plaintiff or denied them outright. They specifically denied the averment that the bus had been parked with its side protruding into the road and further averred that it was the taxi cab, driven by an unlicensed driver, whi