JANET OWUSU v. TODAY’S LOGISTICS CO. LTD. & TAWIAH SOWAH
January 30, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
January 30, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Janet Owusu, owner of a Nissan Almera taxi (GR 4464-12), sued Todays Logistics Company Limited and its driver, Tawiah Sowah, after a multi-vehicle collision at Kwabenya, Accra, on July 3, 2012. The police accident report recorded a brake failure in the Man Diesel tipper truck (GT 9387-12), yet also chronicled a sequence of impacts over approximately 600 meters, ending with the truck falling into a gutter and causing extensive damage, including to Owusus taxi. Sowah later pleaded guilty in the Madina District Court to careless and inconsiderate driving and negligently causing harm. The High Court found Sowahs negligent driving, not brake failure alone, caused the accident and held Todays Logistics vicariously liable. It dismissed Owusus daily income and replacement cost claims for lack of proof, but awarded GH25,000 in compensatory damages and GH5,000 in costs.
JUDGMENT
i. Introduction:
[1] This action arises following a motor vehicle collision which took place on July 3, 2012 in and around Kwabenya White House at Kwabenya in Accra. The collision involved a Nissan Almera Cab with Registration Number GR 4464-12 and owned by the Plaintiff herein, Janet Owusu and a Man Diesel Tipper Truck with registration number GT 9387-12. The 1st Defendant Today’s Logistics Company Limited is the owner of the Man Diesel Tipper Truck vehicle which was involved in the accident. The 2nd Defendant Tawiah Sowah was operating the Man Diesel Truck at the time of the collision which resulted in the injury to about seven passengers who were on board the Nissan Almera Cab and six other vehicles which were also involved in the collision.
[2] On July 20, 2012 the 2nd Defendant was charged by the Police and arraigned before the Madina District Court on charges of careless and inconsiderate driving and negligently causing Harm. He pleaded guilty to the charges and “was convicted on his own plea and fined GH¢1,800.00 in default 24 months IHL”.
[3] Consequently, the Plaintiff commenced this action against the Today’s Logistics and Tawiah Sowah on September 25, 2012 as the Defendants and claimed against them jointly and severally for the following reliefs:
i) An order to compel the Defendants to pay for the current replacement cost of Plaintiff’s vehicle or in the alternative purchase the same vehicle for the Plaintiff.
ii) An order to compel the Defendants to pay for the daily income for the commercial use of the vehicle from 3rd July, 2012 until final date of payment.
iii) Cost
iv) Any further reliefs or orders as the Court may deem meet.
ii. The Pleadings:
[4] The Plaintiff’s case is that she acquired the Nissan Almera vehicle for the purpose of commercial services as a taxi cab. The Plaintiff pleaded that “the cummulative cost of purchase, licensing and registration of the vehicle amounted to GH¢15,000.00”. The Plaintiff further pleaded that the daily income of GH¢30.00 was made from the commercial running of the vehicle except on Saturdays when the vehicle was parked for washing and other related maintenance.
[5] The Plaintiff further averred that her vehicle was smashed and crushed on July 3, 2012 whilst plying on the Dome-Kwabenya road with passengers on board by the 1st Defendant’s vehicle. According to the Plaintiff there were four passengers who were on board her vehicle including her driver at the time of the accid