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JUDGMENT
J U D G M E N T
SAEED K. GYAN, JA
Let me, with greatest respect, state at the outset that the conduct of Counsel at the trial High Court, with particular reference to the standard or style of the pleadings, left much to be desired. It had the potential to negatively impact the proceedings and possibly cause a not inconsiderable injury to the case of the parties, who as lay persons had entrusted their fate to professionals who were enjoined to use their best endeavours to protect and advance the interest of their respective clients.
Happily as it turned out, the seeming lapses in pleadings appear not to have become serious issues raised for determination during the trial.
In the adversarial system known to the common law nations, legal Counsel are regarded as a special breed of professionals whose particular skills and professional competence cannot be under estimated. Their duty is not merely to the clients who retain them, but even more critically, as officers of the court, lawyers must exercise and exhibit maximum fidelity and assist the court to the best of their ability if the ends of justice are to be truly served. In this case the trial judge lamented that at the time he was writing his judgment, the Lawyers had neglected to file written addresses which they had promised to do.
This is a motor or road traffic accident case. It is obvious from the record that the loss of the Plaintiff’s own life may have been averted only because of benign providence. But the accident was no less tragic by the anxiety it produced and the extensive injury it caused to life and limb as well as damage to property. Some passengers actually died.
His Lordship, Mr. Justice Isaac Lartey-Young had determined the matter arising from the accident at a High Court (Fast Track Division) sitting in Accra. Judgment was on 24th March 2010 entered in favour of the Plaintiff. Being dissatisfied with and aggrieved by the judgment the two defendants in the case filed an appeal on 19th May 2010. The appeal was against the entire judgment together with the cost awarded by the trial court.
The Defendants/Appellants, by their Notice of Appeal, do urge this Court to reverse the judgment of the trial court and to enter judgment in their favour instead. They demand that the damages and costs awarded against them be set aside or in the alternative the judgment be varied to take account of the Plaintiff’s “contributing negligence”.
Seven grounds of appeal were filed together with the cust