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March 8, 1968
HIGH COURT
GHANA
CORAM
JUDGMENT OF APALOO J.A.
At about 11 a.m. on 26 March 1964, a collision occurred between a Morris bus No. GF 4857 then in the charge of the plaintiff and a Chevrolet saloon car No. AE 9506 then being driven by the defendant. The accident occurred on a straight road, shortly after both vehicles passed a small village called Awaham junction. The weather was said to be bright and sunny and there was no problem of visibility.
I find that both vehicles were travelling in the same direction, namely, towards Accra, and shortly before the collision occurred, the Chevrolet car was just behind the Morris bus. The former sounded its horn and the defendant by this indicated to the plaintiff his wish to overtake. As there was no on-coming traffic and the road was otherwise clear, the plaintiff signalled the defendant to overtake. This he did.
It is established that in order to overtake, the defendant accelerated, drove to his offside and after gaining distance over the plaintiff's lorry, returned to his proper side of the road. I find it proved that moments after this, the defendant brought his vehicle to a halt abruptly. The evidence is imprecise what the distance was between the two vehicles at this time. The plaintiff estimated it as three yards.
When the defendant stopped suddenly, the plaintiff for his part, almost intuitively applied his brakes and in an endeavour to avoid collision, swerved to his right. He did not completely succeed in avoiding an impact because I find that the left part of his lorry collided with the right back of the Chevrolet car. As a result of this, the plaintiff's car sustained extensive damage. It was proved to my satisfaction that the damage to the plaintiff's lorry was repaired by a Lebanese engineering firm called Huftal Engineering Company at a total cost of N¢600. The accident immobilised the plaintiff's lorry and it was towed to Accra at a cost of N¢30. The evidence also satisfied me that the plaintiff sustained personal injuries and was [p.228] admitted to the government hospital at Nsawam for two weeks and thereafter received treatment as an out-patient for about five months.
The plaintiff, by this action, seeks to recover from the defendant, damages for the injuries he suffered and the expenses to which he was put in repairing the vehicle and the loss he sustained in earnings. The plaintiff based himself on the fact that the defendant had been negligent in stopping abruptly and without a signal. There seems little doubt th
AI Generated Summary
On a clear, straight stretch near Awaham junction at about 11 a.m. on 26 March 1964, a Morris bus (GF 4857) driven by the plaintiff and a Chevrolet saloon (AE 9506) driven by the defendant were traveling toward Accra. After the defendant signaled and overtook, he returned to his lane and abruptly halted. The plaintiff, following closely, braked and swerved but struck the right rear of the Chevrolet. The bus was extensively damaged and later repaired by Huftal Engineering Company; the plaintiff was hospitalized at Nsawam Government Hospital and treated as an outpatient for months. Seeking damages for injuries, repair costs, towing, and lost earnings, the plaintiff alleged negligent stopping; the defendant, supported by his contemporaneous account, claimed an emergency caused by a child crossing. The court credited the defendant, applied the emergency doctrine, found neither party negligent, held that losses must lie where they fall, and entered judgment for the defendant with costs of N¢80, dismissing the counterclaim.