JUDGMENT OF AZU CRABBE J.S.C.
This is an appeal from a judgment of Aboagye J. dated 23 June 1969 in favour of the plaintiff in an action for damages for negligence. The plaintiff's claim was for, "the sum of N¢2,600.00 for loss and damage to the plaintiff by the negligent driving of Louis Obialo, the servant or agent of the defendants." The plaintiff's case was that on 21 January 1967 his driver, one Benie Ansah, drove his Robur Commercial lorry No. WR 8584 from Takoradi towards Half Assini. When he had passed Kwesimintsim and was heading towards Apremdu he sighted the defendants' V.W. van No. SG 5538 ahead of him. It was then parked on the near side of the Takoradi-Half Assini road, facing Half Assini. He sounded his horn and indicated by his off side direction indicator that he was going to overtake the van. As he approached the van and was about three yards to it, the driver of the van, without indicating his intention to move to his right, suddenly moved and turned to his right, and collided with his lorry. The lorry fell off the road and was damaged beyond economic repair. In his statement of claim the plaintiff alleged the following particulars of his claim:
(a) N¢1,950.00 being the estimated market value of vehicle No. WR 8584;
(b) N¢440.00 being loss of profits from date of collision to commencement of action;
(c) loss of profits thereafter at the rate of N¢120.00 per month.
The defendants denied liability for the claim, and in paragraph (3) of their statement of defence they alleged,
"that their servant driving Volks Wagon delivery van No. SG 5538 gave ample and sufficient warning of his intention to turn to the right and at a time when plaintiff's servant driving commercial lorry No. WR 8584 was a good distance away and should, have avoided the collision if he had exercised due care and not driving at excessive speed."
The defendants further averred in the statement of defence that, even if their driver was negligent, though this was denied, "the plaintiff's servant was equally negligent and did contribute to any damage caused to the plaintiff's vehicle." The defendants counterclaimed from the plaintiff the sum of N¢515.70, being damages suffered by the defendants through the negligence of the plaintiff's servant.
The case for the defendants was briefly, but fully, stated by the learned trial judge in the following passage of his judgment:
[p.82]
“Their case is that on the day of the accident their driver Louis Obialo drove their V.W.
