KWAME MENSAH AKOTO v. WAHABU INUSAH YAW MENSAH
2015
HIGH COURT
GHANA
CORAM
- PATRICK BAAYEH
Areas of Law
- Tort Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendants for damages following the death of his daughter, Happy Millicent Yawa Fiagbor, in a road accident. The plaintiff claimed that the accident was caused by the 1st defendant's negligent driving. However, the court found that the accident was solely caused by the reckless driving of the bicycle rider, Joshua Tam, who swerved into the path of the 1st defendant's vehicle. The court dismissed the plaintiff's claims, citing a lack of cogent evidence to prove the 1st defendant's negligence, and made no order as to costs. The court emphasized that the burden of proof lies with the plaintiff.
JUDGMENT
Plaintiff instituted this action claiming General and special damages jointly and severally against the defendants.
The defendants entered appearance and also filed their defence denying plaintiff's claim. At the close of pleadings the issue settled for determination are;
Whether or not on the 5th day of December, 2006 at about 4.20 pm the 1st defendant negligently drove Mercedes Benz Cargo truck No AS 948 -E near Ofosu on the Nkwanta-Bomboe road, that he ran over Happy Millicent Yawa Fiagbor and crushed her to death.
Whether or not the accident and the death of the deceased was caused solely through the negligence of the I" defendant.
Whether or not the 1" defendant is guilty of the particulars of negligence pleaded in paragraph 7 of the statement of claim.
Whether or not the plaintiff suffered the particulars of special damages pleaded in paragraph 9 of the statement of claim.
Whether or not is defendant is liable to pay the particulars of special damages pleaded.
Whether or not the plaintiff is entitled to the reliefs as per endorsement on the writ of summons.
Any other issues not herein before mentioned but raised and arising on the pleadings.
Evidence was concluded on 22/07/2014 when defendants closed their case. Counsel for plaintiff was ordered to file his closing address by 11/08/2014 and counsel for defendant was also to file his address by 28/08/2014. The case was adjourned to 27/10/2014 for judgment. Sadly both lawyers for the parties failed to file their address and have not done so to date. I must put on record that closing address of counsel go a long way to assist the court appreciate each party's case especially with regards to certain technical matters that the court may not advert its mind to.
The case of the plaintiff as can be discerned from the pleadings is quite simple and devoid of any complexities. The plaintiff is the Administrator of the estate of the deceased, Happy Millicent Yawa Fiagbor, a final year student of Dambai Teacher Training College at the time of the unfortunate incident. The 1st defendant was at all material time relevant to this case the driver of a Mercedes Benz Cargo vehicle with registration No AS 948-E and the servant of the 2nd defendant, 2nd defendant being the owner of the vehicle. On 5th December, 2006 at about 4:20 pm the 1st defendant was driver of the said vehicle from Dambai towards Nkwanta. On a section of the road near Ofosu on the Nkwanta - Dambai feeder road, 15 defendant ran ove