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JUDGMENT
The Plaintiff on the 18th day of September, 2018 caused a Writ of Summons to be issued
against the Defendants herein and claimed for the following reliefs:
1. An order to the Defendants jointly and severally for the refund of cost of repairs of
damaged vehicle No. GN 2562-11 belonging to Plaintiff amounting to GHC
9,500.00(Nine Thousand five Hundred Ghana Cedis)
2. General damages for shock and truama suffered by Plaintiff and his companion as a
result of the accident.
3. Special damages for daily expenditure on transportation of an average of GHC150.00
(One hundred and fifty Ghana Cedis Cedis) per day from date of accident 10th May 2020 to
time of settlement.
4. Cost including legal costs.
THE CASE FOR THE PLAINTIFFS
It is the case of the Plaintiff that he is a businessman and contractor and also the owner of Audi
Car with registration number GN 2562 - 11 whilst the 1st Defendant is the owner of Spinter
bus with registration number GW 6177-15 which was being driven by the 2nd Defendant at
the time of the accident.
According to the Plaintiff, the 2nd Defendant while driving vehicle No. GW 6177 – 15 on 10th
May 2020, drove without due care, accelerated the vehicle at such a speed, caused him to run
his vehicle into the rear of Audi Salon vehicle No. GN 2562-11, belonging to the Plaintiff.The
Plaintiff contends that the heavy impact of the over speeding Sprinter vehicle pushed his
Audi off the road into the near side bush damaging the Audi extensively while damaging the
bus as well to some extent. The Plaintiff further contends that the Sprinter bus driver (the 2nd
Defendant)) was arraigned before the Awutu Breku District Court and was found guilty of
the two offences of over speeding and driving without due care and was convicted on his
own plea.
According to the Plaintiff, the 2nd Defendant was sentenced to a fine 100 penalty units
and 24 penalty on both counts respectively and in default four months and thirty (30) days
imprisonment.
According to the Plaintiff, though the license of 2nd Defendant was revoked for one year, no
compensation was ordered to be paid to him which leaves Plaintiff with no option but to sue
Defendants in this Honourable Court to seek redress for his extensive loss.
THE CASE FOR THE DEFENDANTS
It is the case of the Defendants that the accident indeed occurred but contrary to what
the Plaintiff said, the 2nd said he had a mechanical defect with his vehicle which made
the steering control very di