ROSE LAGAH & ANOR VS LORD JEFFERY BOATENG & ANOR

1. FACTS OF THE PLAINTIFF’S CASE

[i] In their statement of claim and which was subsequently amended, the Plaintiffs contended that they are the Administrators of the Estate of Etse Azumah(deceased), who died as a result of a road traffic accident that occurred on the 23rd of April 2012 at about 3: 40 am.

According to the Plaintiffs, it later came to their attention that the 1st Defendant was in charge of vehicle with registration no. GS 7110-10 that run down the deceased, Etse Azumah on the said 23rd of April 2023, causing his death.

At the time, the deceased was said to be 25 years old but unmarried and with one child.

He was also an Electrical Contractor involved in the installation and repair of plants and was said to have earned between GH¢3, 500. 00 and Gh¢4, 800. 00 per month, on the average.

The deceased was further said to be the sole bread winner of his family prior to his death. [ii] On or about the 23rd of April 2012 at about 3: 40am, the deceased was said to be distilling a gutter when the 1st Defendant, who was driving from Tema Community 18, Lashibi veered off his lane and ran down the deceased when he reached a spot near Faith Evangelical Church at Community 10. The deceased was again said to have died on the spot and his body was conveyed to the Tema General Hospital, Tema.

The Plaintiffs added that the accident occurred as a result of the negligent driving of the 1st Defendant and the Plaintiffs particularised the negligence of the 1st Defendant as follows: 3. PARTICULARS OF NEGLIGENCE a. He failed to exercise due care and attention.

b. He failed to make any proper look out.

c. He failed to apply his brakes, slow down or swerve his vehicle so as to avoid knocking down the deceased.

d. He drove too fast in the circumstance. [iii] The Plaintiffs continued to state that even though the 1st Defendant clearly caused the accident that resulted in the death of Etse Azumah, since the 2nd Defendant was the owner of the vehicle driven by the 1st Defendant at the time of the accident, the 2nd Defendant was jointly and severally liable for the accident and its resultant outcome.

Also, the deceased suffered pain before his death and the Plaintiffs again incurred expenses as a result of the death.

The Plaintiffs thus claimed the following, jointly and severally against the two Defendants: [iv] SPECIAL DAMAGES GH¢ Ambulance fee - 300. 00 Mortuary fee - 200. 00 Coffin - 300. 00 Shroud - 100. 00 Undertaker - 300. 00 Transport expenses -