YUSSIF SEIDU & ANOTHER v. SGT BABA SAMBO & ORS

WELBOURNE (MRS), J. A.

Brief facts

On 10th November, 2006, a Volvo Articulated Truck with Registration Number GW 6450 W belonging to the 2nd Defendant’s Company and driven by 1st Defendant collided with Mercedes Benz Cargo Truck No. GT 9143 S owned by 1st Plaintiff and driven by one Kwabena Badu and whose mate, one Samuel Kwaku Agbo was in the Mercedes Benz Truck, at the time.

Unfortunately, both Kwabena Badu, the driver of the Mercedes Benz Cargo Truck and his mate lost their lives on the spot of the accident.

Apart from that, the Mercedes Benz Truck was also damaged beyond repairs Indeed, whilst the Plaintiffs attributed the accident to the negligence of the driver of the Volvo Truck the Defendants also attributed negligence on the part of Kwabena Badu, the Mercedes Benz Cargo Truck as the cause of the accident.

Thus, both Plaintiffs and Defendants sued and counterclaimed for damages for negligence.

The 1st Plaintiff claimed against the 1st and 2nd Defendants jointly and severally for:

1. Payment of cash the sum of ¢250, 000, 000.00 (Two Hundred and fifty Million cedis) representing the value of one Mercedes Benz Truck 1st Defendant smashed as a result of his negligent act which occurred on the 10th November, 2006.

2. Payment of loss of revenue calculated to be ¢2, 500, 000.00 (Two Million, Five Hundred Thousand cedis) from the 10th November, 2006 till date of final payment.

The 2nd and 3rd Plaintiffs claimed against the 1st and 2nd Defendants jointly and severally for:

1. General damages of ¢500,000,000.00 ( (Five Hundred Million cedis) each for the driver and the mate for excruciating plan and suffering resulting in their death.

2. General damages of ¢500,000,000. (Five Hundred Million cedis) each for the driver and the mate for loss of expectation of life.

3. General damages of ¢500,000,000.00 (Five Hundred Million cedis) each for the driver and the mate for loss of dependency.

4. Special damages of ¢20 million arising out of the conveyance of the bodies from the scene of the accident to the hospital, autopsy and funeral expenses.

a. For the replacement value of its vehicle Registration No. GW 6450 W

b. Interest

c. Costs.

After the trial, the judgment delivered by the trial court on 20th February, 2014, in the main, held that on the strength of Exhibits ‘D’ and ‘E’ the 1st Appellant was liable for negligence and that the Appellants having failed to object to the tendering of the said Exhibits or cross-examining on them they were