SETH KWESI AMOAH-ADADE v. UNIVERSITY OF CAPE COAST

JUDGMENT

INTRODUCTION

The plaintiff issued a writ of summons and he is claiming for a declaration that the

defendant’s driver, Michael Kofi Takyi, whilst in charge of the defendant’s Toyota

Hiace Bus with Registration No. ER 5246 –X on 8th August 2017 did negligently cause

extensive damage to the plaintiff’s Taxi car with Registration No. CR 573 Y at Akakpo

roundabout, UCC, Cape Coast; recovery of an amount of Ghc 35,000 being the

replacement value of plaintiff’s Toyota Primera taxi Cab with Registration No. CR 573Y, which Defendant’s driver negligently crashed into; compensation of Ghc 46,000 for

loss of use of plaintiff’s taxi Cab from date of accident to date of commencement of

action; interest on the amount claimed in relief © to date of final payment; damages for

negligently causing damage to Plaintiff’s vehicle. The Plaintiff served the defendant

with the writ of summons and the nineteenth paragraph statement of claim on 22nd

December 2020.

The Defendant entered appearance on 30th March 2021 and filed a Statement of Defence

on 8th April 2021.

Upon service of the Statement of Defence on the Plaintiff, he filed a motion on notice for

judgment on admission under Order 23 R 6(2) of High Court [Civil Procedure] Rules,

2004, C.I. 47 on 17th August 2021.

Counsel for the Defendant/Despondent did not file an affidavit in opposition but rather

filed a motion on notice for leave to amend Statement of Defence. The motion was

granted in part and on 29th of March 2022, counsel for the Defendant filed the Amended

Statement of Defence pursuant to leave granted on 24th February 2022.

Then on 19th May, 2022, Counsel for the Plaintiff moved the motion for judgment on

admission and same was granted as prayed for the Plaintiff against the defendant.

At the close of the pleadings, the parties were referred to CCADR for them to attempt

mediation but same was no successful. Thereafter, the Plaintiffs formulated three issues

which were set down as issues to be determined as follows:-

1. Whether or not the Defendant’s driver negligently drove into Plaintiff’s vehicle

resulting in a car crash.

2. Whether or not Plaintiff negligently contributed to the car crash.

3. Whether or not Plaintiff’s vehicle was in working condition prior to the car crash.EVALUATION OF EVIDENCE, FINDING OF FACTS AND APPLICATION OF

LAW

A plaintiff in a civil case has the legal and evidential burden to produce admissible

evidence to prove his/her claim and assertions