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JUDGMENT
This is an appeal from the decisions of the District Magistrate sitting at the District
Court, Jasikan in Oti Region in its decision on the 13/09/2022. In the notice of Appeal
filed on the 06/12/2022 and the additional grounds of appeal filed without the leave of
the court the trial Magistrate decision was attacked on the following grounds namely,
I) That the trial Judge breached the Audi Alteram Partem rule of natural justice
in the trial and delivering judgment without notice to the Defendant.
II) The Judgment is against the weight of evidence and record.
The additional grounds filed without the leave of the court are,
a) That the plaintiff’s writ filed on the 10/09/2020 was statute barred and therefore
the judgment emanating from the said writ of Summons is a nullity.
b) That the respondent’s vehicle a Kia Avella Taxi Cab as at the time of the
accident occurred was not insured and same should not have been on the road
and as such the respondent is not entitled to his claim under his own wrong
doing.
Accompanying the Notice of Appeal is a written submission delivered to the court on
the 24/02/2022 where counsel for the appellant expressed himself and argued the two
grounds stated.
It is to be noted that the plaintiff/respondent is without legal representation.
BRIEF FACTS.
Firstly, it will be appropriate that, I recount as briefly as I can the facts leading to the
instant appeal.
On the 10/09/2020 the plaintiff/respondent caused to be issued a writ of summons at
the District Court, Jasikan against the defendant/Appellant for the following reliefs.
a. An order of the Court to compel the defendant to compensate the plaintiff with
GH¢20,000.00 for causing harm to the plaintiff and for causing damage to
plaintiff’s Taxi when defendant drove carelessly and crashed into plaintiff’s
taxi on the Jasikan Bodada Motor Road.
b. Cost.
The events leading to the above summons is traced to an accident which occurred on
the Bodada – Jasikan road on the 19/12/2013 where the defendant/appellant herein
drove his pickup vehicle into plaintiff’s taxi cab. The plaintiff/respondent sustained
injuries and damage to his taxi cab. After Police investigation the defendant/appellant
has charged on two counts of offenses and put before court.
(1) Careless and inconsiderate Driving country to regulations 3 of RTA 683/2004
as amended by RTA 761/2008.
(2) Negligently causing harm section 72 of Act 29/60.
The defendant/appellant then the accused plead