PACKER vs. SEKONDI/TAKORADI MUNICIPAL COUNCIL

JUDGMENT OF GRANVILLE SHARP, J.S.C. Granville Sharp, J.S.C. delivered the judgment of the court: In this case the plaintiff has sued for damages for injuries occasioned by the negligence of a servant in the employment of the defendant council when driving a small motor-bus, the property of the council. The employment, the negligence and the amount of damages have been found and assessed by the learned judge and the only question raised in this court has been whether he was correct in his finding that the council are not liable to the plaintiff because the co-defendant, the council’s servant, was not acting in the course of his employment at the time when his negligence caused personal injury and damage to the plaintiff. The facts relative to the issue thus raised, as they are narrated in evidence, are in small compass. They are that the second defendant worked as a fitter with a driver’s licence to enable him to drive vehicles on test. He worked on the material date unde...