[1961]DLHC291 • November 13, 1961 • High Court
ADU v. GLIKSTEN WEST AFRICA LTD. AND ANOTHER
The plaintiff owned a five-ton Austin lorry used for transporting goods between Takoradi, Kumasi, and Bibiani. On 13 December 1957, the plaintiff's driver parked the lorry on the roadside near Bibiani to have breakfast. Shortly after, a timber truck owned by the first defendant and driven by the second defendant crashed into the stationary lorry from behind. The accident was caused by the negligence of the second defendant. The lorry was pushed into a ditch and sustained significant damage. The driver and injured passengers went to the police station, leaving the lorry unattended overnight. The next day, parts of the lorry were found stolen, rendering it beyond repair. The plaintiff claimed damages of £G1,150 for the loss of the lorry.
read moreJUDGMENT OF APALOO J. By his writ issued out of this court on the 15th September, 1959, the plaintiff claims against the defendants the sum of £G1,150 being damage caused to the plaintiff’s lorry as a result of the negligence of the second defendant. The plaintiff was the owner of a five-ton Austin lorry No. AS.7245. This lorry was used in transporting goods between Takoradi and Kumasi and Bibiani and Takoradi. At the times material to this action, the plaintiff employed Kofi Fofie as the driver of the said lorry. On the 13th December, 1957, the plaintiff’s said driver was travelling between Bibiani and Takoradi with goods. When he was three miles out of Bibiani, be parked his lorry on his near side and alighted to have breakfast. It was about 9 a.m. Not long after he alighted, he heard a bang. This came from a timber truck which crashed into the plaintiff’s stationary lorry from behind. It was a straight road and visibility was good. That timber truck belonged to the...