KLUTSE v. THE REPUBLIC

EDUSEI J. allowed the appeal of driver Christian Klutse from a conviction for careless driving under section 18(1) of the Road Traffic Ordinance, arising from a 23 April 1968 collision near the Inchaban Petrol Filling Station on the Takoradi–Cape Coast road. The prosecution’s case—based on the lead driver’s allegation that he signalled before turning right and that Klutse struck the rear—was countered by Klutse’s account that no signal was given, a taxi had overtaken both vehicles, and the lead driver suddenly turned right as Klutse began overtaking, with damage at the off‑side front door. The magistrate convicted on the grounds that Klutse overtook at a T‑junction and failed to sound his horn. On appeal, EDUSEI J. held there is no rule barring overtaking at a T‑junction on a straight road, horn‑use is not invariably required, and the decisive issue is whether the lead driver properly signalled and ensured observation. The magistrate failed to make specific findings on signalling; coupled with evidential weaknesses and authority such as Sorrie v. Robertson, the conviction was quashed, Klutse acquitted and discharged, and any fine ordered refunded.