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June 2, 1972
HIGH COURT
GHANA
CORAM
JUDGMENT OF EDUSEI J.
The plaintiff's claim against the defendant is for general damages and loss of earnings resulting from the negligence of the defendant's servant, Joseph K. Duodu, by which his timber truck was damaged. The plaintiff was the owner of a timber truck with registration No. GJ 996, and the defendant is a transporter and owner of Morris bus No. GJ 1459. The driver of the Morris bus at the material time was one Joseph K. Duodu, the plaintiff's first witness.
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The facts of the case are that on or about 14 August 1970, the plaintiff's timber truck with logs was being driven from Abura Dunkwa towards Cape Coast and the defendant's Morris bus was going from Cape Coast towards Abura Dunkwa. The two vehicles were travelling in opposite directions.
At a point near a village called Taidu the defendant's driver swerved in a curve to the right and the plaintiff's driver in attempt to avoid a head-on collision also swerved further to his left side and in so doing landed the timber truck in a pond by the road side. The timber truck was damaged beyond economic repair and it is on these facts that the plaintiff has founded his claim in negligence against the defendant.
The defendant has denied negligence and contended also that at the time of the accident the defendant's driver had been prohibited from plying beyond the Sekondi-Takoradi City Council area; that is, the driver Duodu was on a frolic of his own when the plaintiff's timber truck got damaged.
It is quite clear from the pleadings that two issues emerged for determination by the court, namely:
(a) whether or not the defendant's driver was negligent, and
(b) whether or not the defendant's driver was on a frolic of his own.
The evidence of the defendant's driver, the plaintiff's first witness who gave evidence for the plaintiff stated that he was driving Morris bus No. GJ 1459 from Cape Coast towards Fosu direction. At a place called Taidu he saw a flock of sheep crossing from his nearside to the offside of the road and, in attempt to avoid hitting them, he swerved to his offside, and just at that time the driver of the timber truck was coming on his proper side of the road and that driver also moved further to his nearside with a view to avoiding a head-on collision with the Morris bus and in so doing the timber truck fell on its side. The driver of the Morris bus did not stop, but sped on for fear of molestation by people around. The evidence of the plaintiff's first witness whi
AI Generated Summary
Justice Edusei J adjudicated a negligence and vicarious liability dispute arising from a collision‑avoidance incident near Taidu on the Cape Coast–Abura Dunkwa road. The owner of timber truck GJ 996 sued the transporter who owned Morris bus GJ 1459, after the bus driver, Joseph K. Duodu, swerved to avoid sheep and forced the timber truck into a roadside pond, destroying the truck and its articulated trailer. The defendant argued Duodu was prohibited from driving outside the Sekondi–Takoradi City Council area and was on a frolic, denying liability. Assessing credibility, the court accepted that Duodu had been permitted to travel outside the area and, even assuming a prohibition, held he was still acting in the course of employment while carrying fare‑paying passengers. Applying Blyth, Limpus, Canadian Pacific Railway, Joel v. Morison, and Attorney‑General v. Dadey, the court found negligence and vicarious liability. It measured damages by pre‑accident market value with depreciation and awarded limited loss of earnings and the value of three Wawa logs, disallowing an unpleaded crane hire cost, entering judgment for ¢13,060 plus costs.