GRUNSHIE vs. YEBOAH AND ANOTHER

In this case the plaintiff claims from the defendants jointly and severally damages based upon the negligent driving by the first defendant’s lorry. The particulars of negligence are enumerated in paragraph 4 of the statement of claim. In paragraph 3 of the statement of defence the defendants joined issue with the plaintiff on these allegations or particulars. The plaintiff’s case is that on the 6th July, 1960, she was a passenger on a Bedford lorry No. AN. 4947 driven by the first defendant and owned by the second defendant, and travelling from Ashanti Agona to Tamale, and that on a straight motor road on the outskirts of a village called Gyiraturu, she noticed an on-coming vehicle. There was a narrow culvert between the two vehicles and when the vehicle of the first defendant was about 70 yards from the culvert, the on-coming vehicle, an Albion truck driven by P.W.3, stopped about two yards from its side of the culvert to allow the first defendant to cross the culvert. When th...