VINCENT ANSAH VS JERRY JOHN EDUBOAH & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATRICIA QUANSAH
Areas of Law
- Contract Law
- Tort Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought damages for the unlawful use and subsequent damage of his articulator vehicle by the Defendants. The Court, upon reviewing the evidence and admissions by the Defendants, held in part for the Plaintiff, ordering compensation for the vehicle’s damage and repairs of the tanker bulk, but denied the claim for the loss of use due to lack of evidence.
1. THE PLAINTIFF’S CASE[i] The Plaintiff herein instituted the present action against the Defendants, seeking to recover the following: (a) An amount of sixty two thousand, two hundred and sixty six Ghana cedis and eighty-three pesewas (GH¢62, 266. 83. 00) jointly and severally from the Defendants being the cost of the Plaintiff’s Scania articulator head registered No. GT.
3641-11 which the Defendants on or about 8th April 2017, by their joint arrangement and collusion took and used without the knowledge and consent of the Plaintiff or his authorized representative, to load fuel at Tema and transport same out of Tema driven by the 2nd Defendant and which vehicle was involved in an accident at Nkoranza in the Brong Ahafo Region on 8th April 2017, resulting in the vehicle being damaged beyond economic repairs.
b) An order for the Defendants jointly and severally to repair the bulk in which the fuel was loaded, also belonging to the Plaintiff, and coupled to the articulator head, and which was also damaged in the accident on 8th April 2017 to the state in which it was before the accident.
c) Loss of use at the rate of GH¢3, 648. 76 per week from 8th April 2017, the date of accident to the date of judgment.
d) Costs. [ii] In the supporting statement of claim, the Plaintiff stated that he is the owner of a Scania articular head vehicle with a bulk for loading fuel and which is registered as GT 3641 - 11. The 1st, 2nd and 3rd Defendants are said to be drivers whilst the 4th and 5th Defendants are said to be fuel dealers.
The Plaintiff further stated that he imported the said Scania articulator head into Ghana from Germany in 2010 at the cost of Gh¢62, 266. 83 and additionally purchased the bulk for the truck, for the loading and carrying of fuel at a further cost of Gh¢60, 000. 00. In line with his business, the Plaintiff stated that he employed drivers to work with the fuel tanker/articulator truck, including the 2nd Defendant herein.
Between March 2014 and February 2016 therefore, these drivers including the 2nd Defendant were working for the Plaintiff. [iii] Additionally, the Plaintiff stated that he engaged the 1st Defendant and authorized him to monitor the drivers to ensure that the vehicles loaded fuel from only Ghana Oil Company (GOIL). At all material times, this fact was known to the 1st Defendant and all the drivers, that the Plaintiff’s fuel tanker be used to carry fuel only from GOIL.
In March 2017, the Plaintiff’s Attorney, Jonathan A