MICHAEL TETTEH v. EMMANUEL TETTEH SIKA _ ANOR
April 13, 2000
COURT OF APPEAL
GHANA
CORAM
- BENIN, JA (PRESIDING)
- TWUMASI, JA
- OWUSU-ANSAH, JA
Areas of Law
- Tort Law
- Civil Procedure
- Evidence Law
April 13, 2000
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case arises from communal labour in Saisi, Odumase-Krobo, where elders organized road repairs using tipper trucks. The Plaintiff, assisting the elders and later riding in tipper truck No. GR 9617D driven by the 1st Defendant, fell when the truck, on a rough, sloping road, moved uncontrollably and a front door opened, suffering severe injuries requiring treatment at Atua, Akosombo, Koforidua, and Korle-Bu hospitals; he now urinates via catheter. The Defendants denied negligence, alleging the Plaintiff jumped, but also gave humanitarian assistance. The Circuit Court awarded damages, and the Defendants appealed, initially on the omnibus ground and seeking additional grounds. Addressing procedural objections under CI 19 Rule 8(7), the Court of Appeal waived non-compliance under Rule 63 and, on the merits, affirmed negligence and substituted the loss-of-earnings award with the minimum daily wage for twelve months, otherwise dismissing the appeal.
JUDGMENT
OWUSU-ANSAH, JA.
This is an appeal from the judgment of the Circuit Court Odumase-Krobo. It would conduce to clarity of thought if the relevant facts are recounted in detail. On the 16th November 1995, the elders of Saisi, a suburb of Odumase-Krobo, decided to tidy up the township and also to fill up the potholes on the motor roads in the town.
Accordingly, communal labour was organised. A truck was also hired, which conveyed gravels for the filling up of the said potholes. The Plaintiff was one of the young men who joined the elders to do the communal labour at Saisi during that period.
The job could not be completed that day and so it became necessary to engage another truck, because of the unavailability of the first original truck to convey the gravel.
Consequently the elders approached the second Defendant and hired his tipper truck No. GR 9617D for the purpose.
According to the Plaintiff, as the 1st Defendant did not know where to deposit the gravels the elders asked him to go and show the 1st Defendant where the loads were to be deposited.
In the morning of the 17th November, 1995 the Plaintiff waited for, and stopped, the Driver of the tipper truck No. GR 9617 D (1st Defendant.)
At the request of the 1st Defendant the Plaintiff joined the truck to go and discharge some cement blocks then in the vehicle.
After discharging the blocks the Plaintiff sat in the front seat of the truck, the 1st Defendant Driver boarded the truck and drove off.
In the course of the journey the 1st Defendant stopped and gave a certain lady a lift; she sat between the Plaintiff and the 1st Defendant.
The road, according to the Plaintiff’s evidence, was “rough and sloppy”. He shut the door and the Driver started the engine. The vehicle moved forward and then stopped. Suddenly the tipper truck started moving uncontrollably and went over a certain bridge. The front door opened in the process. He fell down from the vehicle, and fainted, waking up at the Atua Hospital. He sustained serious injuries, and received treatments at Atua Hospital, Akosombo Hospital, Koforidua Hospital and then at the Korle-Bu Teaching Hospital Accra. He now urinates through a catheter tube.
1. The Plaintiff therefore sued the Defendants jointly and severally for general damages for injuries sustained by him as a result of negligent/driving of vehicle No. GR 9617D by the 1st Defendant, in the course of his employment as agent/servant of the 2nd Defendant, on the 17th November 1995.