KWADWO APPIAH v. KWABENA ANANE

JUDGMENT

AMEGATCHER, JSC:-

We have been called upon as judges of the apex court of the land to have a second look on appeal at this personal injury case. It started from the High Court, Kumasi; was reviewed and ruled upon on appeal by the first intermediate appellate court sitting at Kumasi; and has again on appeal been assigned to us for a final and conclusive resolution. The defendant in the High Court suit who is now the appellant shall hereafter be referred to in this opinion as defendant. The respondent, Kwadwo Appiah, who was plaintiff in the High Court, will hereafter maintain his designation as the plaintiff.

The facts of this appeal have the temptation of arousing the sympathy of any trier of fact. It is not surprising that one of the hard-hitting areas of attack by counsel for the defendant against the learned and respected judges of the Court of Appeal is that they were swayed by sentiments in reaching a decision in this matter. However, those who ply their trade as Barristers and Advocates as well as those of us who act as referees in the competing claims presented to the court know or are deemed to know that a court of law does not make decisions based on emotions, sympathy or sentiments. The time-tested rule for sifting evidence and testing the credibility of the respective cases presented by parties before the court and making a decision one way or the other is evidence. It is against this background that this case was fought in the High Court and Court of Appeal; and it is by the same yardstick that the case, now on appeal before the apex court will be considered.

The events, giving rise to this case, started on 28th April, 2009. The plaintiff, a timber merchant of 39 years at the time of the incident acting through his friend and business partner called Sammy hired the defendant’s truck numbered AS 5471-X to cart his timber logs from Diaso near Dunkwa to Mim in the then Brong Ahafo Region. On reaching a place called Kwabena Kumah, the vehicle was involved in an accident. The plaintiff, Sammy and the driver of the vehicle sustained serious injuries and were sent to Goaso Government Hospital. Because of the seriousness of the injuries suffered, the plaintiff was later transferred to the Komfo Anokye Teaching Hospital in Kumasi for further treatment where he received intensive care from 30th April, 2009 to 4th September, 2009 before being discharged to continue his treatment as an outpatient.

The plaintiff on 20th June, 2012, after seeki