MAXWELL LTD. v. THE REPUBLIC

JUDGMENT OF TAYLOR J.

On 23 January 1975, at the District Court Grade I, Mampong—Akwapim, Messrs. R. Maxwell Ltd., a limited liability company, registered under the Companies Code, 1963 (Act 179), stood trial for the following offence contained in one count of a charge sheet:

“STATEMENT OF OFFENCE

Impediment in a public highway: section 296 (17) of the Criminal Code, 1960 (Act 29).

PARTICULARS OF OFFENCE

Messrs. R. Maxwell Ltd., contractors: For that you on 14 October 1974 between mile posts 14 and 15 on the Accra—Aburi motor road in the Eastern Magisterial District and within the jurisdiction of this court, while engaged for the repairs of the said road, did leave heaps of gravel on the road without the consent of the Engineer-in-Chief of Public Works to the obstruction and danger to other users of the said road."

[p.338]

The facts which gave rise to this charge are that Messrs. Maxwell Ltd., has a contract for the improvement and resealing of the Accra—Aburi road between miles 9 and 15. The contract entered into on 15 May 1974 is between the Government of Ghana acting by the Public Works Department and Messrs. Maxwell Ltd. The contract document was tendered in evidence as exhibit 5. Under paragraph (7) of the articles of agreement with the Public Works Department, stockpiling of gravel on the road is provided for as follows: "The contractor will be allowed to stockpile gravel on the road in advance of works for not more than three miles nor to a greater extent than he can spread and consolidate in three days whichever is the lesser." Under paragraph (14) of the agreement it is also provided inter alia as follows: "The contractor shall provide notice boards to be placed at either end of the work or stockpiling indicating that work is in progress."

On 14 October 1974 at about 10 a.m. in performance of their obligation under the contract, Messrs. Maxwell Ltd. did work on the road by their labourers and other workers. On the instructions of the assistant foreman of the company who gave his evidence in Twi and his statement to the police in pidgin English, the labourers stockpiled four trips of gravel on the right side of the road in the direction of Aburi at mile fourteen near the village of Oyarifa. The gravel could not be spread before the workers closed at about 6.00 p.m. According to the assistant foreman of the company, two sign boards were put, one ten feet away and another 27 feet from the last heap of gravel. On the same day at about 7.30 p