ADU vs. GLIKSTEN WEST AFRICA LTD. AND ANOTHER

JUDGMENT 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...