GH - RICHMOND JOSHUA AIDOO v. BLEWUSI K. DZANENI AND EMMANUEL AGBO

JUDGMENT

1 Background

Plaintiff had been and is still an auditor with the Ghana Audit Service presently at

Ho. On 7 February 2018, he was involved in a motor accident between Tsito

Township and Kporvi Police Check Point along the Accra-Kpando Road whilst

travelling in a commercial Toyota Hiace vehicle GT 8207-09 that belongs to 1st

Defendant and driven at the material time by 2nd defendant. Plaintiff avers that 2nd

Defendant poorly managed and controlled the vehicle that led to a summersault.

He contends that the accident was due to 2nd Defendant’s negligence.

Claiming to have badly suffered injuries as a result of the accident with prolonged

hospitalization with associated losses, Plaintiff on February 1, 2021, by a writ of

summons commenced this action. Later, on 30 September 2021, pursuant to the

joinder of 2nd Defendant, Plaintiff amended the writ, claiming the following reliefs

against Defendants herein:

For General Damages for the most serious pains, suffering and injuries

suffered and sustained by Plaintiff in a motor accident involving vehicle:

Toyota Hiace Commercial Bus bearing Registration No. GT 8207-09,

property of 1st Defendant in which vehicle the Plaintiff was travelling as a

fare-paying passenger, and which accident occurred between Tsito

Township and Kporvi Police Checkpoint while travelling on the AccraKpando road and which accident was caused by the negligent, careless, and

or reckless driving of 2nd Defendant as the driver who was at the material

time of the accident the driver, agent, employee, worker of 1st Defendant

and in the course of his activities and or duties as such driver, agent,

employee and or servant of 1st Defendant and for which accident 1st

Defendant is vicariously liable to Plaintiff and 2nd Defendant is liable to the

Plaintiff for damages.

2 Parties’ statements of case

Plaintiff’s case is that on the fateful day of the accident 7 February 2018, 2nd

Defendant drove 1

st Defendant’s vehicle GT 8207-09 without due care and

attention; without due regard for human life at a speed that was excessive and

unreasonable in the circumstances; failed to regularly maintain the vehicle and or

its constituent parts; indeed, relying alternatively on the plea of res ipsa loquitor.

Plaintiff recited particulars of injuries that he had suffered arising from the

accident as - laceration of the right parietal scalp; laceration of the left supraorbital

region; traumatic right shoulder dislocation; and se