KYEREMATEN v. AMADU

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.